EXPLANATORY STATEMENT
Statutory Rules No. 64
Issued by the authority of the Attorney-General
EXTRADITION (HIJACKING OF AIRCRAFT) REGULATIONS (AMENDMENT)
EXTRADITION (PROTECTION OF AIRCRAFT) REGULATIONS
EXTRADITION (INTERNATIONALLY PROTECTED PERSONS) REGULATIONS
These regulations are made pursuant to sections 10 and 31 of the Extradition (Foreign States) Act 1966.
The Regulations apply the Extradition (Foreign States) Act to all States which are now parties to the Convention for the Suppression of Unlawful Seizure of Aircraft (the “Hague Convention”), the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (the “Montreal Convention”) and the Convention for the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (the “Internationally Protected Persons Convention”) subject to the terms of the Conventions. The effect of the application is to ensure that Australia may accede to and make requests for extradition for the offences specified in the Conventions by and of countries which are parties to the Conventions.
Article 8 of each of the Conventions in effect enables Australia to use the Convention as the legal basis for extradition in respect of crimes referred to in the Convention. That article also provides that where extradition treaties exist between States parties the offences under the Convention shall be deemed to be included in those treaties.
In cases where Australia has an extradition treaty other than an “inherited” extradition treaty with a State Party to the Convention the Regulations applying the Act to that State subject to the Treaty will be amended separately to apply the Act to that State subject to the treaty and the Convention.