EXPLANATORY STATEMENT
Statutory Rules 1983 No. 163
Issued by the authority of the Attorney-General
EXTRADITION (NARCOTIC DRUGS) REGULATIONS
These regulations are made pursuant to sections 10 and 31 of the Extradition (Foreign States) Act 1966.
The regulations give effect to Australia’s obligations under the Single Convention on Narcotic Drugs 1961 as amended by the Protocol of 1972. Article 36(2)(b) of the amended Convention deems the offences referred to in the Convention to be included in any extradition treaty in force between States Parties. The Article also provides that, where a State Party makes extradition conditional upon the existence of a treaty, that State Party may consider the Convention as the legal basis for extradition in respect of the offences referred to in the Convention.
The Extradition (Narcotic Drugs) Regulations give effect to the Convention by applying the Extradition (Foreign States) Act to those States which are parties to the Convention. Where the State concerned has an ‘inherited’ extradition treaty that is, a treaty negotiated by Great Britain which is equally binding on Australia, with Australia, the Act will apply to that State subject to both the treaty and the Single Convention. Where Australia and the State concerned are parties to another multilateral convention allowing for extradition for offences specified in that convention, the Act will apply subject to that other convention and the Single Convention. Where there are no treaty relations imposing obligations to extradite between Australia and another party to the Single Convention, the Act will apply to that State subject to the Single Convention.
In cases where Australia has an extradition treaty other than an ‘inherited’ extradition treaty with a State Party to the Convention the Regulations applying the Act to that State subject to the Treaty will be amended separately to apply the Act to that State subject to the treaty and the Single Convention.