Extradition Regulations 1988
Statutory Rules No. 280, 1988
made under the
Extradition Act 1988
Compilation No. 10
Compilation date: 10 December 2024
Includes amendments: F2024L01614
About this compilation
This compilation
This is a compilation of the Extradition Regulations 1988 that shows the text of the law as amended and in force on 10 December 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name of Regulations
2 Interpretation
2A Application of Criminal Code
2B Political offence
3 Forms
4 Power of magistrate or eligible Judge to send for witnesses and documents
5 Duty of witness to continue in attendance
6 Arrest of witness failing to attend
7 Witness fees
8 Power to examine on oath or affirmation
9 Offences by witnesses
10 Offences in relation to magistrates or eligible Judges
11 Protection in relation to functions under the Act
12 Forfeiture of recognizance
13 Procedure after arrest of person who was on bail
14 Warrant—transport of person through Australia
15 Further warrant—transport of person through Australia
Schedule
Form 1—Summons
Form 2—Warrant of arrest
Form 4—Application for extradition arrest warrant
Form 5—Warrant for arrest under subsection 12(1)
Form 6—Notice directing magistrate or eligible Judge to cancel warrant
Form 7—Warrant under subsection 14(1) in relation to *search/*and/*seizure
Form 8—Warrant under subsection 15(4) in relation to transfer of person on remand
Form 8A—Warrant under subsection 15A(4) in relation to waiver of extradition
Form 8B—Notice to order release from custody under subsection 15B(4)
Form 9—Notice of receipt of extradition request
Form 9A—Amended notice of receipt of extradition request
Form 10—Notice to order release from remand
Form 11—Warrant under subsection 18(2) in relation…
Overview
The Extradition Regulations 1988 were enacted to provide detailed procedures and forms to support the Extradition Act 1988, ensuring the smooth execution of extradition processes in Australia. These regulations were made under the authority of the Extradition Act 1988 and have been amended several times to address evolving legal requirements and international standards. They were introduced by the Australian Parliament to address the need for a comprehensive framework to facilitate the extradition of individuals wanted for criminal activities in other countries, thereby enabling Australia to honour its international obligations and commitments under various extradition treaties and conventions. The regulations cover a broad range of procedural aspects, including the issuance of warrants, the arrest and surrender of individuals, and the protection of rights and safeguards during extradition processes.
Scope and Application
The Extradition Regulations 1988 apply to the processes and procedures involved in the extradition of individuals from Australia to other countries and vice versa. These regulations are made under the Extradition Act 1988 and provide the necessary legal framework and forms for the execution of extradition warrants, the arrest and surrender of individuals, and the handling of evidence. They apply across all states and territories of Australia, ensuring a uniform approach to extradition matters. The regulations cover various aspects such as the summoning of witnesses, the issuance of arrest warrants, the transportation of individuals through Australia, and the handling of evidence gathered in Australia for use in extradition proceedings. Additionally, the regulations detail the roles and protections of various officials and individuals involved in the extradition process, including magistrates, eligible judges, witnesses, and those who are subject to extradition. There are no stated exclusions or thresholds specified within these regulations, but they do rely on the criteria and requirements set out in the Extradition Act 1988 for their application. The scope of these regulations can be extended or modified through subordinate instruments issued under the authority of the Act.
Key Provisions
- The Extradition Regulations 1988, as amended, outline key provisions for the extradition process in Australia. These regulations provide the statutory framework for the extradition of individuals to and from Australia. The main operative sections include regulations regarding the summoning of witnesses, the powers of magistrates and eligible judges to issue warrants, and the procedures for the arrest and surrender of individuals. For instance, regulation 4 allows a magistrate or eligible judge to issue a summons to a witness, requiring them to attend and provide evidence, while regulation 6 allows for the arrest of a witness who fails to attend as required by the summons.
- The regulations impose several obligations on the parties involved in the extradition process. Witnesses summoned under regulation 4 must attend at the specified time and place, continuing to attend until excused or released by the magistrate or judge. Magistrates and eligible judges have the authority to issue warrants for the arrest of witnesses who fail to attend as required (regulation 6). Additionally, individuals involved in the extradition process, such as magistrates, eligible judges, and witnesses, are granted certain protections and immunities (regulation 11).
- Breaches of these regulations can result in various offences and penalties. For example, a person who fails to attend before a magistrate or eligible judge as a witness without reasonable excuse commits an offence and is liable to a penalty of 5 penalty units (regulation 9). Similarly, offences in relation to magistrates or eligible judges, such as intentionally insulting or disturbing a judge, carry a penalty of 10 penalty units (regulation 10). Failure to comply with the conditions of bail can lead to the forfeiture of recognizance, with the amount recovered being transmitted to the Attorney-General of the Commonwealth (regulation 12).
- Area of Law
- Criminal Law
- Instrument
- Regulation
- Concepts
- Commencement Provisions
- Offence Provisions
- Regulatory Standards
- Reporting & Disclosure Obligations
- Enforcement Powers
- Transitional Provisions
