Extradition (Nauru) Regulations 2010
Select Legislative Instrument 2010 No. 157 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 Nauru
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Extradition (Nauru) 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, Nauru is declared to be an extradition country.
6 Modification of Act — application to Nauru
For section 11 of the Act, the Act applies in relation to Nauru 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 (Nauru) Regulations 2010
Note 1
The Extradition (Nauru) Regulations 2010 (in force under the Extradition Act 1988) as shown in this compilation comprise Select Legislative Instrument 2010 No. 157 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. 157 | 1 July 2010 (see F2010L01769) | 2 July 2010 | |
2012 No. 210 | 3 Sept 2012 (see F2012L01825) | Schedule 10: 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 = repealed rs. = repealed and substituted |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 (Nauru) Regulations 2010 are a legislative instrument made under the Extradition Act 1988. These regulations address the specific needs of facilitating extradition between Australia and Nauru, thereby ensuring a framework for the transfer of individuals wanted for criminal prosecution or serving sentences in Nauru to Australia. The regulations were introduced to fill a gap in the existing extradition arrangements by specifically catering to the unique legal and administrative requirements between the two countries. Enacted by the relevant legislature, the primary policy objective is to streamline and formalise the extradition process, ensuring that both countries can effectively manage and cooperate on criminal justice matters.
The Extradition (Nauru) Regulations 2010 were prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, and came into effect on 2 July 2010, following their registration. These regulations declare Nauru as an extradition country and modify the application of the Extradition Act 1988 to suit the particular circumstances of Nauru, including altering the time frame for certain extradition-related actions. This legislative instrument thus serves to enhance the legal cooperation and judicial efficiency between Australia and Nauru in handling extradition cases.
Scope and Application
The Extradition (Nauru) Regulations 2010, as amended, are legislative instruments under the Extradition Act 1988, providing specific guidelines and provisions for the extradition process with Nauru. These regulations apply to individuals and entities involved in extradition proceedings between Australia and Nauru, extending the scope of the Extradition Act to Nauru by declaring it as an extradition country. The regulations modify certain provisions of the Act, such as extending the time limit for certain actions related to extradition from 45 to 60 days. The commencement of these regulations is governed by their registration and subsequent entry into force, with amendments tracked through select legislative instruments. These amendments and the specific application of the Act to Nauru are detailed in the notes and schedules accompanying the regulations.
Key Provisions
The Extradition (Nauru) Regulations 2010 (SLI 2010 No. 157 as amended) are a legislative instrument made under the Extradition Act 1988. These regulations specifically address the extradition procedures between Australia and Nauru. Nauru is declared an extradition country under section 4 of the regulations. This designation means that Australia and Nauru have an agreement to surrender individuals for the purpose of facing criminal charges or serving sentences in the other country.
The regulations also modify the Extradition Act 1988 as it applies to Nauru. Specifically, section 6 of the regulations alters the application of section 11 of the Act, changing the time limit for certain extradition-related actions. Instead of the usual 45 days stipulated in section 17(2)(a) of the Act, the regulations extend this period to 60 days when dealing with Nauru. This adjustment is intended to accommodate the unique circumstances or administrative processes between the two countries.
Under these regulations, there are certain obligations imposed on the parties involved. The Australian government must follow the outlined procedures when requesting the extradition of an individual from Nauru or when surrendering an individual to Nauru. This includes ensuring that all legal requirements and formalities are met, such as providing the necessary documentation and evidence to support the extradition request. Similarly, Nauru is obligated to comply with the extradition procedures as set out in the regulations and the Extradition Act 1988.
Failure to comply with these regulations can result in legal consequences. Although the specific offences and penalties are not detailed in the text provided, breaches of extradition laws can typically lead to criminal charges. For instance, under the Extradition Act 1988, individuals who obstruct the extradition process may face penalties such as fines or imprisonment. The exact penalties would depend on the nature and severity of the offence, as well as the jurisdiction’s sentencing guidelines. In summary, adherence to the Extradition (Nauru) Regulations 2010 is crucial for ensuring that extradition processes are conducted lawfully and efficiently between Australia and Nauru.