Extradition (Japan) Regulations 1988
Statutory Rules No. 305, 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 (Japan) 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Japan as extradition country
5 Application of Act in relation to Japan
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 (Japan) 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 Japan.
the Act means the Extradition Act 1988.
3 Declaration of Japan as extradition country
Japan is declared to be an extradition country.
5 Application of Act in relation to Japan
The Act applies in relation to Japan 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 (Japan) Regulations (SR No. 305, 1988) | 30 Nov 1988 (F1997B01924) | 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 8: 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 7‑9): 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 |