EXPLANATORY STATEMENT
STATUTORY RULES 1987 NO. 328
SUBJECT: EXTRADITION (FOREIGN STATES) ACT 1966
EXTRADITION (KINGDOM OF THE NETHERLANDS) 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 the Netherlands made in 1898.
A modern extradition treaty between Australia and the Netherlands was signed on 5 September 1985. This treaty, terminates the treaty of 1898 [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 at least 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 17 of the 1985 treaty provides for the treaty to enter into force on the first day of the second month following the date on which Australia and the Netherlands have notified each other that their respective legal requirements for entry into force have been complied with. Australia’s requirements for entry into force are the making of the Extradition (Kingdom of the Netherlands) Regulations.
Australia and the Netherlands have agreed to exchange diplomatic notes on 18 December 1987 in accordance with Article 17. In accordance with that Article of the Treaty-Regulation 2 of the Regulations provides that the Regulations come into operation on 1 February 1988 being the first day of the second month following the date on which notifications will be exchanged.