EXPLANATORY STATEMENT
ISSUED BY AUTHORITY OF THE ATTORNEY-GENERAL
SUBJECT: EXTRADITION (FOREIGN STATES) ACT 1966 EXTRADITION (NORWAY) REGULATIONS
1987 No. 29
Section 31 of the Extradition (Foreign States) Act 1966 (the Act) provides for the Governor-General to 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. Sub-section 10(1) provides that where, after the commencement of the Act, an extradition treaty (including an extradition treaty that affects or amends an earlier extradition treaty) comes into force between Australia and a foreign State, regulations may provide, if this Act applies in relation to the foreign State at the time of coming into force of that treaty, that the Act applies in relation to that State after that time subject to such limitations, conditions, exceptions or qualifications as are necessary or desirable to give effect to that treaty and are specified in the regulations.
Australia succeeded to an extradition treaty between the United Kingdom and Norway made in 1873, which was amended in 1907.
A modern extradition treaty between Australia and Norway was signed on 9 September 1985. This treaty terminates the treaties of 1873 and 1907 (see Article 24). It represents a significant departure from those treaties in that it:
(a) describes an extradition offence as an offence which is punishable under the laws of both parties to the Treaty by imprisonment or other deprivation of liberty for a period of more than one year or by a more severe penalty; and
(b) replaces the ‘sufficient evidence’ requirement with a statement of acts or omissions alleged against the fugitive.
Details of the regulations are as follows:
Regulation 1 - Provides a citation for the regulations.
Regulation 2 - Provides for the regulations to come into force on 2 March 1987.
Regulation 3 - Is an interpretation provision, relating these regulations to the Act.
Regulation 4 - Applies the Act to Norway subject to the Treaty between Australian and Norway done at Oslo on 9 September 1985, and specifies that this Treaty is in addition to and does not derogate from any other regulation under the Act making provision in respect of the application of the Act in relation to Norway.
Schedule - Reproduces the text of the Treaty.
Article 24 of the 1985 treaty provides for the treaty to enter into force 90 days after the date on which Australia and Norway have notified each other that their respective requirements for entry into force have been complied with. Australia’s requirements for entry into force are the making of Extradition (Norway) Regulations. Australia and Norway exchanged diplomatic notes on 2 December 1986 in accordance with Article 24. In accordance with Article 24 of the Treaty, regulation 2 of the Regulations provides that the Regulations come into operation 90 days after 2 December, namely 2 March 1987.