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.
Overview
The Extradition (Principality of Monaco) Regulations 1990 were introduced to address the need for a legal framework that would facilitate the extradition of individuals between Australia and the Principality of Monaco, following the signing of a Treaty on Extradition between the two governments on 19 October 1988. Enacted by the Australian Government, these regulations serve to operationalise the Extradition Act 1988, ensuring that the Act applies to the Principality of Monaco in accordance with the stipulations of the aforementioned treaty. By declaring the Principality of Monaco as an extradition country and applying the Act to it, the Regulations aim to provide a clear and legally binding pathway for the extradition process, thereby enhancing international cooperation in law enforcement and the judicial handling of criminal cases between the two jurisdictions.
Scope and Application
The Extradition (Principality of Monaco) Regulations 1990 apply the Extradition Act 1988 to the Principality of Monaco in accordance with the Treaty on Extradition signed by the Government of Australia and the Government of His Serene Highness the Prince of Monaco. These regulations are designed to facilitate the extradition process between Australia and Monaco, ensuring that both countries can legally request the surrender of individuals who are wanted for criminal activities. The regulations extend the application of the Extradition Act 1988 to Monaco by declaring it an extradition country and subjecting it to the terms of the Treaty, which is attached as a Schedule to the Regulations. This enables both jurisdictions to enforce criminal justice and pursue fugitives across their borders more effectively. The geographic and jurisdictional reach of these regulations is limited to the Principality of Monaco and Australia, operating within the framework set by the bilateral treaty. No specific exclusions, exemptions, or thresholds are mentioned in the provided text, and the application of the Act through these regulations is confined to the terms of the Treaty and the Extradition Act 1988.
Key Provisions
The Extradition (Principality of Monaco) Regulations 1990, made under the Extradition Act 1988, primarily serve to facilitate the extradition process between Australia and the Principality of Monaco. Clause 4 of the Regulations (Clause 4) designates the Principality of Monaco as an extradition country under the Act. This designation is crucial as it aligns the Principality with the legal framework established by the Extradition Act, enabling the formal extradition of individuals between the two jurisdictions. Clause 5 (Clause 5) directly applies the provisions of the Extradition Act to the Principality of Monaco, subject to the conditions and stipulations of the Treaty on Extradition between the two governments, which is included as a Schedule to the Regulations. This application ensures that any extradition requests made under the Act must comply with the Treaty's terms, thereby providing a legal basis for the extradition process.
The Regulations impose specific obligations on both Australian authorities and individuals from the Principality of Monaco. Australian authorities must ensure that any extradition requests made to Monaco are in accordance with the Extradition Act and the Treaty, which includes adhering to legal standards and procedural requirements outlined in both documents. Individuals from Monaco facing extradition to Australia must be treated in a manner consistent with the legal protections afforded by the Act and the Treaty. This includes ensuring that the extradition process respects human rights and legal due process, and that the individuals are not subjected to any form of discrimination or unfair treatment.
Violations of the Extradition Act or the Extradition (Principality of Monaco) Regulations can result in significant legal consequences. Under the Extradition Act, individuals who are the subject of an extradition request may face criminal charges if they are found to have violated the terms of the Act or the Regulations. The Act provides for penalties including imprisonment, reflecting the seriousness with which such breaches are regarded. Furthermore, any Australian authority found to have acted outside the scope of the Act or the Regulations in handling an extradition matter could also face disciplinary action, including potential criminal charges for misconduct in public office. The maximum penalties for these offences can vary, depending on the specific breach and the jurisdiction, but they are designed to ensure compliance and uphold the integrity of the extradition process.