EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 304
SUBJECT: EXTRADITION (FOREIGN STATES) ACT 1966
EXTRADITION (KINGDOM OF BELGIUM) REGULATIONS
Section 31 provides for the Governor-General to make regulations, not inconsistent with the Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Sub-section 10(1) provides that where, after the commencement of the Act, an extradition treaty (including an extradition treaty that affects or amends an earlier extradition treaty) comes into force between Australia and a foreign State, regulations may provide, if this Act applies in relation to the foreign State at the time of coming into force of that treaty, that the Act applies in relation to that State after that time subject to such limitations, conditions, exceptions or qualifications as are necessary or desirable to give effect to that treaty and are specified in the regulations.
Australia succeeded to an extradition treaty between the United Kingdom and the Kingdom of Belgium made in 1901 which was amended in 1907 and 1911.
A modern extradition treaty between Australia and Belgium was signed on 4 September 1985. This treaty, terminates the treaties of 1901, 1907 and 1911 [See Article 17]. It represents a significant departure from those treaties in that it:
(a) describes an extradition offence as an offence which is punishable under the laws of both parties to the Treaty by imprisonment or other deprivation of liberty for a period of more than one year or by a more severe penalty; and
(b) replaces the ‘sufficient evidence’ requirement with a statement of acts or omissions alleged against the fugitive.
Article 16 of the 1985 treaty provides for the treaty to enter into force 30 days after the date on which Australia and Belgium have notified each other that their respective requirements for entry into force have been complied with. Australia’s requirements for entry into force are the making of the Extradition (Kingdom of Belgium) Regulations.
Australia and Belgium exchanged diplomatic notes on 20 October 1986 in accordance with Article 16. In accordance with Article 16 of the Treaty Regulation 2 of the Regulations provides that the Regulations come into operation 30 days after 20 October, namely 19 November 1986.