EXPLANATORY STATEMENT
Subject - Extradition Act 1988
Extradition (Republic of Argentina) Regulations 1989 No. 372
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 6 October 1988, the Attorney-General signed a Treaty on Extradition between the Government of Australia and the Government of the Republic of Argentina (the Treaty). A copy of the English text of the Treaty is set out in the Schedule to the Extradition (Republic of Argentina) Regulations (the Regulations).
Article 21, paragraph 2, of the Treaty provides that the Treaty replaces and terminates, with regard to relations between Australia and the Republic of Argentina, the provisions of the treaty between Argentina and Great Britain for the Mutual Extradition of Fugitive Criminals signed at Buenos Aires on 22 May 1889.
Article 21, 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 Republic of Argentina 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 Republic of Argentina 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 15 February 1990 (on the basis that the Republic of Argentina will be notified of the making of the Regulations thirty days beforehand in accordance with Article 21, paragraph 1 of the Treaty).
Clause 3 is an interpretation provision.
Clause 4 declares the Republic of Argentina to be an extradition country for the purposes of the Act.
Clause 5 applies the Act to the Republic of Argentina subject to the Treaty which is reproduced as a Schedule to the Regulations.
Overview
The Extradition Act 1988 was enacted to establish a legal framework for the extradition of fugitive criminals between Australia and other countries. This Act was designed to address the need for a formalised process to facilitate the surrender of individuals who have fled to another jurisdiction to avoid prosecution or punishment for crimes committed in Australia. The Extradition Act 1988 was enacted by the Parliament of Australia to provide a structured approach to international cooperation in criminal justice, ensuring that fugitives cannot evade accountability by seeking refuge in other nations. The Extradition (Republic of Argentina) Regulations 1989 were subsequently made under section 55 of the Act to give effect to the bilateral extradition treaty with the Republic of Argentina, formalising the legal mechanisms required for the surrender process between the two countries.
Scope and Application
The Extradition (Republic of Argentina) Regulations 1989 apply the Extradition Act 1988 to the Republic of Argentina to facilitate the extradition of fugitive criminals in accordance with the Treaty on Extradition between Australia and Argentina, signed on 6 October 1988. These Regulations declare Argentina as an extradition country and apply the Act to it, subject to the terms of the Treaty. The Regulations provide the necessary legal framework for the extradition process to operate between the two countries. Notably, the Regulations also terminate the applicability of the 1889 treaty between Argentina and Great Britain, replacing it with the new bilateral arrangement. These Regulations will come into force on 15 February 1990, contingent on the prior notification by Argentina of the completion of its domestic ratification processes as stipulated in the Treaty. The scope of the Regulations is limited to the specific provisions required to implement the Extradition Treaty with Argentina and does not extend to other jurisdictions or matters not covered by the Treaty.
Key Provisions
The Extradition (Republic of Argentina) Regulations 1989 No. 372, made under section 55 of the Extradition Act 1988, establish the legal framework for the extradition of fugitives between Australia and the Republic of Argentina. Clause 4 of the Regulations designates the Republic of Argentina as an extradition country, thereby formalising the relationship under the Extradition Act. Clause 5 then applies the Act to Argentina, subject to the Treaty between Australia and Argentina, which is detailed in the Schedule to the Regulations. This application means that the legal processes and requirements outlined in the Extradition Act will govern extradition proceedings with Argentina, following the stipulations of the Treaty.
The obligations and requirements imposed by the Regulations on parties involved in extradition proceedings are substantial. For instance, the Act requires that any person seeking extradition must meet the criteria specified in the Treaty and the Act. This includes ensuring that the offence for which extradition is sought is an extraditable offence under both jurisdictions. The Regulations also mandate that the appropriate authorities in both countries must follow the procedures set forth in the Treaty and the Act, including the provision of necessary documentation and evidence. Additionally, the Regulations require that the extradition process respects the rights of the individual, ensuring that the process is fair and complies with human rights standards.
In terms of enforcement and consequences, the Extradition Act 1988 outlines various offences and penalties for non-compliance. For example, if a party fails to comply with the requirements of the Act or the Regulations, they may be subject to penalties. The Act specifies that any person who contravenes an order or requirement under the Act can be guilty of an offence and may be liable to penalties. The maximum penalties for such offences can include substantial fines and imprisonment, depending on the nature and severity of the breach. These provisions ensure that the extradition process is carried out lawfully and efficiently, with appropriate consequences for any failures to comply with the legal requirements.