Extradition (Kingdom of Cambodia) Regulations 2003
Statutory Rules 2003 No. 34 as amended
made under the
Extradition Act 1988
This compilation was prepared on 26 February 2004
taking into account amendments up to SR 2004 No. 14
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Commencement [see Note 1]
3 Definitions
4 Declaration that Cambodia is an extradition country
5 Application of Act in relation to Cambodia (Act s 11 (1) (b))
6 Extradition offence for request by Cambodia
7 Required documents
8 Release from remand
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Extradition (Kingdom of Cambodia) Regulations 2003.
2 Commencement [see Note 1]
These Regulations commence on gazettal.
3 Definitions
In these Regulations:
Act means the Extradition Act 1988.
Cambodia means the Kingdom of Cambodia.
child means a person under the age of 18 years.
child sex offence means an offence, or the attempt to commit an offence, that includes:
(a) the indecent assault of a child; or
(b) the sexual assault of a child; or
(c) procuring or trafficking of a child for indecent purposes; or
(d) being knowingly concerned with the prostitution of a child; or
(e) living on the earnings of the prostitution of a child.
4 Declaration that Cambodia is an extradition country
Cambodia is declared to be an extradition country.
5 Application of Act in relation to Cambodia (Act s 11 (1) (b))
For paragraph 11 (1) (b) of the Act, the Act applies to Cambodia subject to these Regulations.
6 Extradition offence for request by Cambodia
An extradition offence in relation to Cambodia must also be a child sex offence.
7 Required documents
(1) For paragraph 11 (1) (b) of the Act, a judicial document, or other document attaching a judgment or copy of a judgment, authorising the apprehension of the person and issued in the extradition country, is taken to be a warrant mentioned in paragraph 19 (3) (a) of the Act in relation to a person deemed to be accused under subsection 10 (1) of the Act.
(2) For paragraph 19 (2) (b) of the Act, in relation to a person deemed to be accused under subsection 10 (1) of the Act, documents must be produced to the magistrate that contain evidence that:
(a) it was reasonable for the person to know about the criminal proceedings brought against the person for the extradition offence, and the person chose not to attend the proceedings; or
(b) the person has a right in the extradition country to appeal against, or apply to have set aside, the conviction.
8 Release from remand
For subsection 11 (2) of the Act, paragraph 17 (2) (a) of the Act is modified in its application to Cambodia by omitting ‘45 days’ and inserting ‘60 days’.
Notes to the Extradition (Kingdom of Cambodia) Regulations 2003
Note 1
The Extradition (Kingdom of Cambodia) Regulations 2003 (in force under the Extradition Act 1988) as shown in this compilation comprise Statutory Rules 2003 No. 34 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
2003 No. 34 | 13 Mar 2003 | 13 Mar 2003 | |
2004 No. 14 | 26 Feb 2004 | 26 Feb 2004 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 9................. | rep. 2004 No. 14 |
| |
Overview
The Extradition (Kingdom of Cambodia) Regulations 2003, made under the Extradition Act 1988, establish the framework for the extradition of individuals between Australia and Cambodia. These regulations were enacted to address the legal and procedural requirements for the extradition of individuals accused or convicted of crimes, with a specific focus on child sex offences, as defined in the regulations. The enacting body responsible for these regulations is the Parliament of Australia, reflecting a policy objective to ensure that Australia adheres to international obligations while maintaining stringent standards in the extradition process. The regulations specify that Cambodia is an extradition country and outline the application of the Extradition Act 1988 in relation to Cambodia, including the necessity for extradition offences to be child sex offences. Additionally, they detail the required documents for extradition requests and modify the period for release from remand from 45 to 60 days.
Scope and Application
The Extradition (Kingdom of Cambodia) Regulations 2003, made under the Extradition Act 1988, establish the legal framework for the extradition of individuals from Australia to the Kingdom of Cambodia. These regulations apply to individuals who are deemed to be accused of committing a child sex offence as defined in the regulations, encompassing acts such as indecent assault, sexual assault, and trafficking of a child for indecent purposes. The regulations came into force on 13 March 2003 and have been subject to amendments, the most recent being on 26 February 2004. Cambodia has been declared an extradition country under these regulations, thereby enabling the extradition of individuals to face trial or serve sentences for specified offences. The Act applies to Cambodia subject to these Regulations, and any extradition offence must also be a child sex offence. The regulations also specify the required documents for an extradition request, including judicial documents and evidence of the individual's awareness of the criminal proceedings against them. The release from remand period is modified for Cambodia, extending from 45 to 60 days.
Key Provisions
The Extradition (Kingdom of Cambodia) Regulations 2003, as amended, implement the Extradition Act 1988 with specific reference to the Kingdom of Cambodia. The Regulations define key terms (Section 3) such as "Cambodia" and "child sex offence," and declare Cambodia as an extradition country (Section 4). They detail the application of the Act in relation to Cambodia (Section 5), specifying that an extradition offence must also be a child sex offence (Section 6). Required documents for the extradition process include a judicial document or warrant issued in Cambodia, and evidence must be presented that the accused was aware of the proceedings or has the right to appeal (Section 7). Additionally, the Regulations modify the period for release from remand from 45 days to 60 days (Section 8).
Under these Regulations, parties involved in the extradition process must comply with specific requirements. This includes ensuring that any extradition request from Cambodia pertains to a child sex offence (Section 6). The relevant authorities must also present appropriate judicial documents or warrants, and evidence that the accused was aware of the proceedings or has a right to appeal, to the magistrate (Section 7). Additionally, if a person is to be released from remand, they must be released within 60 days of the relevant date (Section 8).
Failure to comply with the provisions of the Extradition (Kingdom of Cambodia) Regulations 2003 can lead to various consequences. While the specific offences and penalties are not detailed within the text, breaches of the Extradition Act 1988, of which these Regulations form a part, could result in both civil and criminal penalties. The Act itself provides for penalties including fines and imprisonment, depending on the nature and severity of the breach. The precise penalties would be determined in the context of any proceedings brought under the Act.