Extradition (Iceland) Regulations 1988

Administered by Attorney-General's Department

Legislation au F1997B01939 Regulations In force Legislative Instrument

Legislation content

Extradition (Iceland) Regulations 1988

Statutory Rules No. 303, 1988

made under the

Extradition Act 1988

Compilation No. 2

Compilation date: 20 February 2026

Includes amendments: F2026L00108

About this compilation

This compilation

This is a compilation of the Extradition (Iceland) Regulations 1988 that shows the text of the law as amended and in force on 20 February 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name of Regulations

2 Interpretation

3 Declaration of Iceland as extradition country

5 Application of Act in relation to Iceland

6 Limitations, etc. in relation to application of Act

7 Application of Extradition Legislation Amendment (Denmark, Iceland, Japan and the Republic of Fiji) Regulations 2026

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name of Regulations

  These Regulations are the Extradition (Iceland) Regulations 1988.

2  Interpretation

  In these Regulations, unless the contrary intention appears:

relevant act or omission means an act or omission by a person in relation to an offence to which an extradition request for the surrender of the person relates, being an act or omission:

 (a) that is, in or in connection with the request, alleged to have taken place; or

 (b) of which evidence is produced in connection with the request;

requesting country means Iceland;

the Act means the Extradition Act 1988.

3  Declaration of Iceland as extradition country

  Iceland is declared to be an extradition country.

5  Application of Act in relation to Iceland

  The Act applies in relation to Iceland subject to the limitations, conditions, exceptions or qualifications specified in regulation 6.

6  Limitations, etc. in relation to application of Act

 (2) The Attorney‑General shall not issue a surrender warrant or temporary surrender warrant under Part II of the Act in relation to a person if the person, on being extradited to the requesting country, would be liable to be tried in that country by a court or tribunal:

 (a) that has been specially established for the purpose of trying the person’s case; or

 (b) that is only occasionally, or under exceptional circumstances, authorised to try persons accused of the offence to which the extradition request relates.

 (3) The conditions specified under subregulation (2) in relation to the issue of a surrender warrant or temporary surrender warrant apply in addition to any condition to which, under the Act, the issue of the relevant warrant is subject.

 (4) The Attorney‑General may decline to issue a surrender warrant or temporary surrender warrant under Part II of the Act in relation to a person if:

 (a) the person is an Australian citizen; or

 (b) the Attorney‑General, while taking into account the nature of the offence to which the extradition request relates and the interests of the requesting country, is nevertheless of the opinion that, in the circumstances of the case, it would be unjust, oppressive or incompatible with humanitarian considerations to surrender the person to that country.

7  Application of Extradition Legislation Amendment (Denmark, Iceland, Japan and the Republic of Fiji) Regulations 2026

  The amendments of regulation 6 made by Schedule 1 to the Extradition Legislation Amendment (Denmark, Iceland, Japan and the Republic of Fiji) Regulations 2026 apply in relation to extradition requests received by Australia on or after the commencement of that Schedule.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

ed = editorial change

rep = repealed

exp = expires/expired or ceases/ceased to have

rs = repealed and substituted

effect

s = section(s)/subsection(s)

gaz = gazette

/rule(s)/subrule(s)/order(s)/suborder(s)

LA = Legislation Act 2003

sch = Schedule(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment can be given

SR = Statutory Rules

effect

sub ch = Sub‑Chapter(s)

(md not incorp) = misdescribed amendment

sub div = Subdivision(s)

cannot be given effect

sub pt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration or gazettal

Commencement

Application, saving and transitional provisions

Extradition (Iceland) Regulations (SR No. 303, 1988)

30 Nov 1988 (F1997B01939)

1 Dec 1988

 

Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Regulation 2012 (No. 1) (SLI No. 210, 2012)

3 Sept 2012 (F2012L01825)

sch 7: 20 Sept 2012 (s 2)

—

Extradition Legislation Amendment (Denmark, Iceland, Japan and the Republic of Fiji) Regulations 2026

19 Feb 2026 (F2026L00108)

sch 1 (items 4‑6): 20 Feb 2026 (s 2(1) item 1)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

r 1.....................

rs No 210, 2012

r 4.....................

rep No 210, 2012

r 6.....................

am F2026L00108

r 7.....................

ad F2026L00108

 

Overview

The Extradition (Iceland) Regulations 1988 were enacted to provide a legal framework for the extradition of individuals between Australia and Iceland, thereby addressing the need for formalised extradition processes between the two countries. These Regulations were made under the Extradition Act 1988 by the Parliament of Australia and aim to facilitate the extradition of individuals accused or convicted of criminal offences, ensuring that legal proceedings can proceed in the appropriate jurisdiction. The Regulations declare Iceland as an extradition country, thereby applying the Extradition Act 1988 to extradition requests from Iceland, subject to specific limitations and conditions that prevent extradition in cases where the individual might be subjected to unfair trials or where extradition would be unjust or oppressive. The Regulations were subsequently amended by the Extradition Legislation Amendment (Denmark, Iceland, Japan and the Republic of Fiji) Regulations 2026, which introduced new conditions and limitations for the application of the Act in relation to these countries, effective from 20 February 2026.

Scope and Application

The Extradition (Iceland) Regulations 1988 apply to the extradition process between Australia and Iceland, governing how individuals may be surrendered from Australia to Iceland for criminal prosecution or to serve a sentence. The Act applies to individuals who are in Australia and are the subject of an extradition request from Iceland. Notably, the Attorney-General is precluded from issuing a surrender warrant if the individual would be tried by a court or tribunal that has been specially established for the case or is only occasionally authorised to try such offences. The Attorney-General may also decline to issue a warrant if the individual is an Australian citizen or if the surrender would be unjust, oppressive or incompatible with humanitarian considerations. These Regulations cover the geographic scope of the Extradition Act 1988 as it applies to Iceland, and their application is subject to the limitations and exceptions outlined in regulation 6. Modifications to these Regulations may be made through subordinate instruments, such as the Extradition Legislation Amendment (Denmark, Iceland, Japan and the Republic of Fiji) Regulations 2026, which apply to extradition requests received on or after the commencement of the amending Regulations.

Key Provisions

The Extradition (Iceland) Regulations 1988, as amended, provide a legal framework for the extradition of individuals from Australia to Iceland. According to regulation 3, Iceland is declared as an extradition country, and regulation 5 confirms that the Extradition Act 1988 (the "Act") applies in relation to Iceland, subject to certain limitations and conditions specified in regulation 6. Regulation 2 provides definitions for terms such as "relevant act or omission," "requesting country," and "the Act." These definitions are crucial for interpreting the Regulations correctly and ensuring that all parties involved understand the scope and implications of the extradition process. The obligations and requirements imposed by the Extradition (Iceland) Regulations 1988 are primarily centred around the issuance of warrants for extradition. Regulation 6(2) stipulates that a surrender warrant or temporary surrender warrant cannot be issued if the person, upon extradition to Iceland, would be tried by a court or tribunal that has been specially established for the purpose of trying their case or is only occasionally or under exceptional circumstances authorised to try such cases. Additionally, regulation 6(4) allows the Attorney-General to decline to issue a warrant if the person is an Australian citizen or if it would be unjust, oppressive, or incompatible with humanitarian considerations to extradite the person. These provisions ensure that the extradition process adheres to legal and humanitarian standards. Breach of the obligations and requirements set out in the Extradition (Iceland) Regulations 1988 can lead to various civil and criminal consequences. Although the Regulations themselves do not explicitly outline specific offences, penalties, or consequences for breach, the Extradition Act 1988, which the Regulations implement, contains provisions for such matters. For instance, under section 20 of the Extradition Act, any person who wilfully obstructs or hinders an officer in the execution of their duties under the Act can be guilty of an offence and may face penalties as prescribed by the Crimes Act 1914. Additionally, failure to comply with a surrender warrant can lead to legal repercussions under the Extradition Act, including potential fines and imprisonment.

Legal classification tags

Area of Law
International Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Offence Provisions
Application of Act in relation to Iceland

Interactions

Authorises

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.