Extradition (Papua New Guinea) Regulations 2010
Select Legislative Instrument 2010 No. 158 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 Papua New Guinea
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Extradition (Papua New Guinea) 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, Papua New Guinea is declared to be an extradition country.
6 Modification of Act — application to Papua New Guinea
For section 11 of the Act, the Act applies in relation to Papua New Guinea 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 (Papua New Guinea) Regulations 2010
Note 1
The Extradition (Papua New Guinea) Regulations 2010 (in force under the Extradition Act 1988) as shown in this compilation comprise Select Legislative Instrument 2010 No. 158 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. 158 | 1 July 2012 (see F2010L01770) | 2 July 2010 | |
2012 No. 210 | 3 Sept 2012 (see F2012L01825) | Schedule 11: 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 = repealed rs. = repealed and substituted |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 (Papua New Guinea) Regulations 2010 were enacted under the Extradition Act 1988 to facilitate the extradition of fugitive offenders between Australia and Papua New Guinea. This legislative instrument was developed to address the need for formalised legal procedures to manage the extradition of individuals who have fled to Papua New Guinea to evade prosecution or punishment for crimes committed in Australia. The regulations were prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, and came into effect on 2 July 2010 after their registration. They were subsequently amended in 2012, with the changes taking effect on 20 September 2012. The primary policy objective of these regulations is to streamline the extradition process, ensuring it is conducted efficiently and effectively in accordance with the legislative requirements set out in the Extradition Act 1988.
Scope and Application
The Extradition (Papua New Guinea) Regulations 2010, made under the Extradition Act 1988, specify the legal framework for the extradition of persons between Australia and Papua New Guinea. These Regulations apply to any person who is wanted for a crime in either country, as defined within the Extradition Act 1988. The geographic reach of these Regulations is limited to Australia and Papua New Guinea, establishing a formalised legal process for the surrender of individuals between these two jurisdictions. Notably, these Regulations declare Papua New Guinea as an extradition country, thereby extending the Act's application to it. Additionally, the Regulations modify the application of section 11 of the Extradition Act 1988 to accommodate the specific timelines for extradition processes with Papua New Guinea, extending the period from 45 days to 60 days. The Regulations came into force on 2 July 2010, and have been subject to amendments, the most recent of which was registered on 3 September 2012.
Key Provisions
The Extradition (Papua New Guinea) Regulations 2010, as an amendment to the Extradition Act 1988, provide specific provisions for the extradition process between Australia and Papua New Guinea. Under section 3, the term "Act" is defined as the Extradition Act 1988, and in section 4, Papua New Guinea is declared as an extradition country. This designation is crucial as it legally establishes the framework for the extradition process between the two countries. Section 6 modifies section 11 of the Act to adjust the application to Papua New Guinea, specifically altering the timeframe mentioned in section 17(2)(a) from 45 days to 60 days.
These Regulations impose obligations on both Australian and Papua New Guinean authorities to cooperate in the extradition process as defined. For instance, Australian authorities must ensure that the extradition requests from Papua New Guinea are processed in accordance with the stipulated timelines and legal requirements. Similarly, Papua New Guinean authorities are expected to adhere to the modified procedural timelines when requesting extradition from Australia. The primary responsibility lies with the relevant departments, such as the Australian Department of Foreign Affairs and Trade and the Papua New Guinean Ministry of Justice and Attorney General, to ensure compliance with these provisions.
Failure to comply with the Extradition (Papua New Guinea) Regulations 2010 can result in legal consequences. While the specific offences and penalties are not detailed within the Regulations themselves, breaches of the Extradition Act 1988 can lead to substantial penalties. Under section 28 of the Extradition Act, a person who obstructs or interferes with an extradition process can be guilty of an offence. The penalties for such offences can include fines and imprisonment, with the exact penalties depending on the nature and severity of the breach. The legal framework surrounding extradition is designed to ensure that both countries can effectively manage the extradition process in accordance with their respective laws and international obligations.