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.
Overview
The Extradition (Norway) Regulations 1987 were introduced to implement the modern extradition treaty between Australia and Norway, signed on 9 September 1985, which replaced earlier treaties from 1873 and 1907. Enacted under section 31 of the Extradition (Foreign States) Act 1966, these regulations were made by the Governor-General to provide for the application of the Act in relation to Norway, subject to the terms of the new treaty. The objective was to formalise and modernise the legal framework for extradition between the two countries, aligning it with contemporary legal standards and practices. The regulations, which came into effect on 2 March 1987, ensure that the Extradition Act applies to Norway in accordance with the new treaty, specifying the conditions and limitations necessary to implement the agreement.
Scope and Application
The Extradition (Norway) Regulations 1987 apply to the conduct and transactions concerning extradition of individuals between Australia and Norway, pursuant to the Extradition (Foreign States) Act 1966. This legislation specifically governs the procedures and conditions under which Australia can request the extradition of individuals from Norway and vice versa, in accordance with the 1985 Extradition Treaty between the two countries. The regulations extend to any person who is subject to extradition under the terms of the treaty, as well as to any entities or authorities involved in the extradition process. These regulations have a national jurisdictional reach, applying across Australia. They provide the framework for how the Extradition Act operates in relation to Norway, detailing the specific requirements and procedures laid out in the 1985 treaty. The regulations do not introduce any exclusions, exemptions, or thresholds that are not already specified in the Act or the treaty itself. The application of the Act can be extended or restricted through subordinate instruments, which are detailed within the regulations.
Key Provisions
The Extradition (Norway) Regulations 1987, made under the Extradition (Foreign States) Act 1966, establish the framework for extradition between Australia and Norway. Regulation 2 specifies that the Regulations will come into effect on 2 March 1987, 90 days after the exchange of diplomatic notes between Australia and Norway, as required by Article 24 of the 1985 Treaty (Reg 2). Regulation 3 serves as an interpretative provision, clarifying the relationship between these regulations and the Act (Reg 3). Regulation 4 applies the Act to Norway, subject to the Treaty between Australia and Norway signed in 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 in relation to Norway (Reg 4).
These regulations impose several obligations and requirements on the parties involved. They require that the Act applies to Norway under the terms of the 1985 Treaty, which sets out specific criteria for extradition, such as defining an extradition offence as one punishable by imprisonment or a more severe penalty for more than one year, and replacing the ‘sufficient evidence’ requirement with a detailed statement of acts or omissions against the fugitive (Reg 4). Additionally, the regulations ensure that the Act is applied in a manner consistent with the Treaty, including the procedures and conditions outlined in the Treaty for the surrender of fugitives.
Breaches of the obligations under these regulations can lead to various consequences. Under the Extradition (Foreign States) Act 1966, failure to comply with the requirements of the Act or the Treaty could result in criminal charges, including fines and imprisonment. The specific penalties for non-compliance would be determined by the courts based on the nature and severity of the breach, in accordance with the relevant provisions of the Act. Additionally, any actions taken in contravention of the Treaty could potentially lead to diplomatic repercussions between Australia and Norway, given the international nature of the extradition arrangements.