Extradition (Kiribati) Regulations 2010
Select Legislative Instrument 2010 No. 156 as amended
made under the
Extradition Act 1988
This compilation was prepared on 20 September 2012
taking into account amendments up to SLI 2012 No. 210
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Commencement [see Note 1]
3 Definition
4 Extradition country
6 Modification of Act — application to Kiribati
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Extradition (Kiribati) Regulations 2010.
2 Commencement [see Note 1]
These Regulations commence on the day after they are registered.
3 Definition
In these Regulations:
Act means the Extradition Act 1988.
4 Extradition country
For the definition of extradition country in section 5 of the Act, Kiribati is declared to be an extradition country.
6 Modification of Act — application to Kiribati
For section 11 of the Act, the Act applies in relation to Kiribati as if a reference to 45 days in paragraph 17 (2) (a) of the Act were a reference to 60 days.
Notes to the Extradition (Kiribati) Regulations 2010
Note 1
The Extradition (Kiribati) Regulations 2010 (in force under the Extradition Act 1988) as shown in this compilation comprise Select Legislative Instrument 2010 No. 156 amended as indicated in the Tables below.
Table of Instruments
Year and
Number | Date of FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
2010 No. 156 | 1 July 2010 (see F2010L01749) | 2 July 2010 | |
2012 No. 210 | 3 Sept 2012 (see F2012L01825) | Schedule 9: 20 Sept 2012 (see s. 2) | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 5.................. | rep. 2012 No. 210 |
Overview
The Extradition (Kiribati) Regulations 2010 were enacted as a legislative instrument under the Extradition Act 1988, with the objective of facilitating the extradition of fugitive criminals between Australia and Kiribati. These Regulations were introduced to address the need for formalised legal procedures to manage the extradition process with Kiribati, thereby ensuring that both countries could effectively collaborate in the apprehension and return of individuals wanted for criminal offences. The Regulations were prepared by the Office of Legislative Drafting and Publishing within the Attorney-General’s Department. The primary enactment body is the Parliament of Australia, which authorised the creation of these Regulations to streamline and standardise extradition practices in alignment with international obligations and bilateral agreements.
Scope and Application
The Extradition (Kiribati) Regulations 2010, made under the Extradition Act 1988, establish the legal framework for the extradition of persons between Australia and Kiribati. These Regulations specifically declare Kiribati as an extradition country, thereby extending the application of the Extradition Act to individuals located in Kiribati who are wanted in Australia for criminal offences. The Act applies to individuals, entities, and their conduct or transactions that involve criminal activities which are subject to extradition. The jurisdictional reach of these Regulations is national, specifically governing the extradition process between Australia and Kiribati. These Regulations also modify the Extradition Act to alter the timeframe for the surrender of an extradited person from 45 days to 60 days, as stipulated in section 11 of the Act. The Regulations came into force on 2 July 2010 and have since been subject to amendments, with the latest amendment taking effect on 20 September 2012. The Extradition (Kiribati) Regulations 2010 are applicable as a subordinate instrument under the Extradition Act 1988 and can be further extended or restricted through additional legislative instruments as required.
Key Provisions
The Extradition (Kiribati) Regulations 2010 (F2010L01749) are subsidiary legislation made under the Extradition Act 1988. These Regulations specify the conditions and requirements for the extradition process between Australia and Kiribati, a designated extradition country as per section 4. The Regulations came into effect on 2 July 2010, as noted in section 2, following their registration on 1 July 2010.
The primary purpose of these Regulations is to modify the application of the Extradition Act 1988 in relation to Kiribati. Specifically, section 6 of the Regulations alters the time frame stipulated in section 11 of the Act. Under the original Act, a period of 45 days was required for certain procedures. However, for Kiribati, this period is extended to 60 days. This modification aims to accommodate the unique administrative or judicial processes in Kiribati, ensuring a more feasible extradition process.
Entities and individuals governed by these Regulations must comply with the outlined provisions to facilitate extradition procedures. This includes adhering to the extended time frames and ensuring that all necessary documentation and legal formalities are completed accurately and within the specified periods. The Regulations require meticulous attention to detail to ensure that extradition requests are processed smoothly and in accordance with both Australian and Kiribati laws.
Breaches of these Regulations can lead to various legal consequences. While the specific offences and penalties are not detailed within the text of the Regulations, they are likely to be governed by the Extradition Act 1988, which may include both civil and criminal penalties. Non-compliance could potentially result in delays or failures in the extradition process, leading to significant legal and administrative repercussions for the involved parties. The maximum penalties would be as prescribed under the Extradition Act 1988, reflecting the seriousness of ensuring that extradition processes are conducted lawfully and effectively.