Extradition (Lebanon) Regulations 2003 2003 No. 243
EXPLANATORY STATEMENT
STATUTORY RULES 2003 No. 243
Issued by the Authority of the Minister for Justice and Customs
Extradition Act 1988
Extradition (Lebanon) Regulations 2003
Section 55 of the Extradition Act 1988 ('the Act') provides that the Governor-General may make regulations 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. The definition of 'extradition country' in paragraph 5(a) of the Act provides that a country may be declared by the regulations to be an extradition country. Paragraph 11(1)(b) provides that the regulations may make provision for application of the Act subject to limitations, conditions, exceptions or qualifications. Subsection 11(2) states that this reference to limitations, conditions, exceptions or qualifications includes modification to the effect that a number of days greater or lesser than the 45 days referred to in paragraph 17(2)(a) applies for the purposes of that paragraph.
The Regulations provide that the Lebanon is an extradition country. The Regulations will enable Australia to deal with any extradition request received from Lebanon. Lebanon will not be able to grant extradition to Australia until further arrangements, such as an extradition treaty, have been concluded.
Extradition under the Regulations operates in accordance with the Act, subject to the modification of paragraph 17(2)(a) whereby a person arrested may apply to a magistrate for release after 60 days if a request for his or her extradition has not been received. The standard period under the Act is 45 days. Modification to apply a 60 day period is common and has been included, for example, in extradition agreements with Brazil, Chile, Hungary, Mexico, Paraguay, South Korea, the United States and Venezuela.
The Act applies the modern 'no evidence' extradition procedure. Under this procedure countries are not required to present evidence establishing a prima facie case against the person sought.
Extradition under the Regulations is subject to the various safeguards set out in the Act. For example, extradition is not permitted where the fugitive is sought for or in connection with her or his race, religion, nationality or political opinions or is to be tried, sentenced or detained for a political or military offence. Extradition must be refused where the fugitive could be liable to the death penalty, unless an undertaking is given that the death penalty will not be imposed or, if imposed, will not be carried out. In addition, the Attorney-General retains a broad discretion to refuse an extradition request by Lebanon in any particular case.
This action is consistent with the provisions of the Act. Similar 'non-treaty regulations' based on reciprocity currently provide that the Act applies to Cambodia, Denmark, Estonia, Iceland, Japan, Latvia, the Marshall Islands, Thailand and Jordan.
Details of the Regulations are as follows:
Regulation 1 names the Regulations.
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 defines terms used in the Regulations.
Regulation 4 declares Lebanon to be an extradition country.
Regulation 5 applies the Act to Lebanon subject to the modification of the period nominated in paragraph 17(2)(a) from 45 days to 60 days.
Overview
The Extradition (Lebanon) Regulations 2003 were enacted to facilitate extradition processes between Australia and Lebanon under the Extradition Act 1988. This piece of legislation was introduced to address the need for a legal framework to handle extradition requests from Lebanon, despite the absence of a formal extradition treaty between the two countries. Enacted by the authority of the Minister for Justice and Customs, these regulations aim to enable Australia to respond to extradition requests from Lebanon while maintaining the safeguards and procedural requirements outlined in the Extradition Act. This approach ensures that extradition processes are conducted in accordance with the principles of reciprocity and mutual legal assistance, thereby enhancing international cooperation in law enforcement and justice. The policy objective is to provide a structured mechanism for extradition that respects the rights of individuals and upholds the standards of the Extradition Act.
Scope and Application
The Extradition (Lebanon) Regulations 2003 apply to the conduct of extradition proceedings between Australia and Lebanon, pursuant to the Extradition Act 1988. These regulations designate Lebanon as an extradition country, enabling Australia to process any extradition requests received from Lebanese authorities. The application of the Act is subject to the modification that a person arrested for extradition may apply to a magistrate for release after 60 days if an extradition request has not been received, as opposed to the standard 45-day period stipulated in the Act. This specific modification is consistent with similar modifications in extradition arrangements with several other countries. The Act applies to individuals who are subject to extradition requests from Lebanon, and the regulations are designed to ensure that extradition is conducted in accordance with the safeguards and procedures outlined in the Extradition Act 1988. Notably, extradition is subject to numerous conditions, including prohibitions against extraditing individuals for reasons related to their race, religion, nationality, or political opinions, as well as restrictions on extraditing individuals who may face the death penalty.
Key Provisions
The Extradition (Lebanon) Regulations 2003 (No. 243) under the Extradition Act 1988 (the "Act") establish Lebanon as an extradition country (Regulation 4). This designation means that Australia can now process extradition requests from Lebanon, although Lebanon cannot, in turn, request extradition from Australia until a formal extradition treaty is in place. The Regulations are designed to facilitate the extradition process in line with the Act, with a specific modification to the detention period for a person arrested under extradition provisions (Regulation 5). According to these Regulations, a person arrested may apply for release after 60 days if an extradition request has not been received, as opposed to the standard 45-day period stipulated in the Act (paragraph 17(2)(a)).
The obligations imposed by the Regulations on the parties involved primarily revolve around adhering to the procedural and substantive safeguards outlined in the Act. These safeguards ensure that extradition is not pursued on grounds of race, religion, nationality, or political opinion (paragraph 11(1)(b)). Additionally, extradition cannot proceed if the fugitive could face the death penalty unless certain guarantees are provided (paragraph 11(2)). The Attorney-General also retains a discretionary power to refuse extradition requests from Lebanon in specific cases (Section 55). The Regulations also require compliance with the modern 'no evidence' extradition procedure, which means that Lebanon does not need to present evidence to establish a prima facie case against the person sought (Section 55).
Breaching the provisions of the Extradition (Lebanon) Regulations 2003 can lead to various legal consequences. While the specific offences and penalties are not detailed within the explanatory statement, violations of the Extradition Act generally can lead to criminal charges. The Act itself provides for penalties that can include fines and imprisonment for officials who fail to comply with its provisions. Additionally, any party that does not adhere to the extradition procedures as outlined in the Regulations may face civil actions for wrongful arrest or detention, as well as potential criminal charges for misconduct or abuse of the extradition process. The precise penalties would depend on the nature and severity of the breach, but they could include significant fines and imprisonment terms as stipulated under the Extradition Act.