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.
Overview
The Extradition (Hijacking of Aircraft) Regulations (Amendment) 2004, Extradition (Protection of Aircraft) Regulations, and Extradition (Internationally Protected Persons) Regulations were enacted to align Australian law with international conventions aimed at combating specific aviation-related crimes. These regulations were introduced under the authority of the Attorney-General and pursuant to sections 10 and 31 of the Extradition (Foreign States) Act 1966, and they address the need to harmonise Australian extradition practices with the Hague Convention, the Montreal Convention, and the Internationally Protected Persons Convention. The primary objective of these regulations is to facilitate the extradition of individuals involved in unlawful acts against civil aviation and internationally protected persons, ensuring that Australia can effectively participate in global efforts to combat such crimes and uphold international safety standards. By applying the conventions to all states that are parties to these agreements, the regulations provide a legal framework for Australia to request and grant extradition in accordance with international obligations.
Scope and Application
The Extradition (Hijacking of Aircraft) Regulations (Amendment) Extradition (Protection of Aircraft) Regulations and Extradition (Internationally Protected Persons) Regulations are statutory instruments that implement specific international conventions within the framework of the Extradition (Foreign States) Act 1966. These regulations apply to all States that are parties to the Hague Convention for the Suppression of Unlawful Seizure of Aircraft, the Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, and the Internationally Protected Persons Convention for the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents. The application ensures that Australia can request extradition for offences outlined in these conventions from countries that are party to them. The conventions provide the legal basis for extradition for crimes specified within their articles, with Article 8 of each convention facilitating the inclusion of these offences in any existing extradition treaties between states parties. Where Australia has an extradition treaty with a State Party to the Convention, the regulations are amended to apply the Act in accordance with both the treaty and the Convention.
Key Provisions
The main operative sections of the Extradition (Hijacking of Aircraft) Regulations (Amendment) concern the application of the Extradition (Foreign States) Act 1966 to countries that are parties to the Hague Convention (section 1). These Regulations allow Australia to request extradition for offences related to the unlawful seizure of aircraft from these countries. Similarly, the Extradition (Protection of Aircraft) Regulations apply the Extradition (Foreign States) Act to countries that are parties to the Montreal Convention (section 2), enabling Australia to seek extradition for offences against the safety of civil aviation. The Extradition (Internationally Protected Persons) Regulations apply the Act to countries that are parties to the Internationally Protected Persons Convention (section 3), allowing Australia to request extradition for crimes against internationally protected persons.
The obligations imposed by these Regulations on the parties and entities they govern include ensuring that Australia can legally request extradition for specified offences under the respective Conventions. This involves meeting the criteria set forth in the Hague, Montreal, and Internationally Protected Persons Conventions. For instance, parties must ensure that their legal systems recognise the specified offences and that there are provisions for extradition under their domestic laws. Additionally, entities must comply with the terms of the Conventions and any relevant extradition treaties between Australia and the country in question.
Failure to comply with these Regulations can result in various consequences. The Act outlines both civil and criminal penalties for breaches. Civil penalties may include fines, while criminal penalties can involve imprisonment. The specific maximum penalties are not detailed in the explanatory statement but would typically be outlined in the respective sections of the Extradition (Foreign States) Act 1966. These penalties serve to enforce compliance with the Conventions and ensure that Australia can effectively pursue extradition for the specified offences.