EXPLANATORY STATEMENT
Subject - Extradition Act 1968
Extradition (Principality of Monaco) Regulations
1990 No. 137
Section 55 of the Extradition Act 1988 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing 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. Paragraph 11(1)(a) of the Act provides that regulations may apply the Act to a specified extradition country to give effect to a bilateral extradition treaty.
On 19 October 1988, the then Attorney-General signed a Treaty on Extradition between the Government of Australia and the Government of His Serene Highness the Prince of Monaco (the Treaty). A copy of the English text of the Treaty is set out in the Schedule to the Extradition (Principality of Monaco) Regulations (the Regulations).
Article 17, paragraph 1, of the Treaty provides for each contracting Party to notify the other in writing of the accomplishment of the procedure required for the entry into force of the Treaty and for the Treaty to enter into force thirty days after the date of receipt of such notification. The Principality of Monaco has recently advised Australia that the processes necessary under its law to ratify the Treaty have been completed. Australia’s requirement for entry into force of the Treaty is the making of Regulations applying the Act to the Principality of Monaco subject to the Treaty.
Details of the Regulations are as follows:
Clause 1 is a citation provision.
Clause 2 provides for the Regulations to commence on 1 August 1990 (on the basis that the Principality of Monaco will be notified of the making of the Regulations thirty days beforehand in accordance with Article 17, paragraph 1 of the Treaty).
Clause 3 is an interpretation provision.
Clause 4 declares the Principality of Monaco to be an extradition country for the purposes of the Act.
Clause 5 applies the Act to the Principality of Monaco subject to the Treaty which is reproduced as a Schedule to the Regulations.