EXPLANATORY STATEMENT
Statutory Rules 2004 No. 369
Issued by the Authority of the Minister for Justice and Customs
Extradition Act 1988
Extradition (Latvia) Regulations 2004
Section 55 of the Extradition Act 1988 (“the Act”) provides in part that the Governor‑General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Paragraph 11(1)(a) of the Act provides that regulations may apply the Act to a specified extradition country subject to such limitations, conditions, exceptions or qualifications as are necessary to give effect to a bilateral extradition treaty between Australia and that country, being a treaty a copy of which is set out in the regulations.
The Extradition (Latvia) Regulations 2004 (“the Regulations”) give effect in Australian domestic law to the Treaty on Extradition between Australia and the Republic of Latvia, signed at Riga on 14 July 2000 (“the Treaty”).
The Joint Standing Committee on Treaties recommended ratification of the Treaty in Report 36, tabled on 12 October 2000.
The Treaty enters into force 30 days after the date on which the Contracting States have notified each other in writing that their respective requirements for the entry into force of the Treaty have been complied with. On 12 March 2003, in accordance with Article 16 of the Treaty, Latvia advised by Note Verbale that Latvia had fulfilled the domestic legal requirements necessary for the Treaty to enter into force. Australia's requirement for the Treaty's entry into force is the making of the Regulations. Latvia will be notified on 17 December 2004 that Australia's requirements for the Treaty's entry into force have been complied with. Thirty days after that date, on 16 January 2005, the Treaty will enter into force. Accordingly, 16 January 2005 is also the commencement date of the Regulations.
The Extradition (Latvia) Regulations 2000 (“the 2000 Regulations”) applied the Act to the Republic of Latvia and enabled Australia to consider extradition requests from Latvia. The Regulations repeal the 2000 Regulations. Once the Treaty has entered into force, any subsequent requests for extradition may be granted irrespective of whether the offence in relation to which extradition is sought was committed before or after the entry into force of this Treaty.
As with all of Australia's extradition treaties, the extradition treaty with Latvia contains all the internationally accepted human rights safeguards which are now a part of modern extradition. Under the Treaty, extradition will not be permitted where the request is for a political or military offence or the request has been made for the purpose of prosecuting or punishing a person on account of his or her race, religion, nationality or political opinions or where the person would be tried, sentenced or detained for a political or military offence. In addition, extradition may be refused where the fugitive could be liable to the death penalty, unless an undertaking is given by the requesting state that either the death penalty will not be imposed or, if imposed, will not be carried out.
Details of the Regulations are as follows:
Regulation 1 names the Regulations.
Regulation 2 provides that the Regulations commence on 16 January 2004, which is the date the Treaty will enter into force.
Regulation 3 repeals the interim Regulations.
Regulation 4 defines Latvia to mean the Republic of Latvia
Regulation 5 declares Latvia to be an extradition country.
Regulation 6 provides that the Extradition Act 1988 applies to Latvia subject to the Treaty.
Schedule 1 sets out the text of the Treaty.
Overview
The Extradition (Latvia) Regulations 2004 were enacted to provide the legal framework for the application of the Extradition Act 1988 in relation to the Republic of Latvia. These regulations were made under the authority of the Minister for Justice and Customs, in accordance with section 55 of the Extradition Act 1988. The primary objective of these regulations is to facilitate the implementation of the Treaty on Extradition between Australia and Latvia, signed in 2000, by prescribing the necessary details and conditions for its application. Once the regulations came into effect on 16 January 2005, they enabled Australia to process and consider extradition requests from Latvia, ensuring that the extradition process adheres to the internationally accepted human rights safeguards embedded in the Treaty. The regulations also include provisions for the repeal of the previous interim extradition regulations, thereby streamlining the legal process for extradition between the two countries.
Scope and Application
The Extradition (Latvia) Regulations 2004 applies to the Republic of Latvia and is designed to facilitate the extradition of individuals between Australia and Latvia, in accordance with the Treaty on Extradition between Australia and Latvia. The Act applies to any person who is subject to an extradition request by the Latvian authorities for the purpose of facing criminal charges. These Regulations are a specific application of the broader Extradition Act 1988, and they establish the legal framework through which the Australian government can consider and act on extradition requests from Latvia. The Regulations are subject to the limitations and conditions outlined in the Treaty, including the human rights safeguards that protect individuals from extradition for political or military offences, or on the basis of race, religion, nationality or political opinions. The Regulations, which commence on 16 January 2005, also provide for the repeal of any previous interim regulations that may have been in force.
Key Provisions
The Extradition (Latvia) Regulations 2004 apply the Extradition Act 1988 to the Republic of Latvia in accordance with the Treaty on Extradition between Australia and Latvia. Regulation 1 names the Regulations while Regulation 2 specifies that they commence on 16 January 2004, the date the Treaty enters into force. Regulation 3 repeals any previous interim Regulations, while Regulation 4 defines Latvia as the Republic of Latvia. Regulation 5 declares Latvia to be an extradition country under the Act, and Regulation 6 specifies that the Act applies to Latvia subject to the provisions of the Treaty. Schedule 1 sets out the text of the Treaty itself.
The Act and Regulations impose certain obligations and requirements on parties involved in extradition proceedings. For instance, the Regulations require that extradition requests from Latvia be made in accordance with the Treaty, and that any extradition requests must meet the human rights safeguards contained within the Treaty. Under the Treaty, extradition will not be permitted for political or military offences or where the request has been made for the purpose of prosecuting or punishing a person on account of their race, religion, nationality, or political opinions, or where the person would be tried, sentenced, or detained for a political or military offence. Extradition may also be refused if the fugitive could be liable to the death penalty unless the requesting state provides an undertaking that the death penalty will not be imposed or, if imposed, will not be carried out.
Failure to comply with the requirements of the Act or Regulations can result in both civil and criminal consequences. Under the Extradition Act, any person who knowingly and wilfully makes a false statement or provides false information in an extradition request may be liable for a penalty of up to 10,000 penalty units or imprisonment for up to 10 years, or both. Furthermore, any person who knowingly and wilfully obstructs or interferes with any officer or employee of the Attorney-General’s Department in the performance of their duties under the Act may be liable for a penalty of up to 5,000 penalty units or imprisonment for up to 5 years, or both. These penalties reflect the importance of ensuring that extradition proceedings are conducted fairly, lawfully, and in accordance with the provisions of the Act and Regulations.