EXPLANATORY STATEMENT
Statutory Rules 1983 No. 165
Issued by the authority of the Attorney-General
EXTRADITION (REPUBLIC OF AUSTRIA) REGULATIONS (AMENDMENT)
These regulations are made pursuant to sections 10 and 31 of the Extradition (Foreign States) Act 1966.
The regulations give effect to Australia’s obligations under Article 36(2)(b) of the Single Convention on Narcotic Drugs 1961, as amended by the 1972 Protocol amending the Single Convention. That Article deems the offences relating to narcotics referred to in the Convention to be included in any extradition treaty in force between States Parties to the Convention. Australia and the Republic of Austria are both Parties to the Convention as amended.
Both countries are also parties to a bilateral treaty on extradition which entered into force on 6 February 1975, the text of which is et out in the Schedule to the Extradition (Republic of Austria) Regulations.
Although the bilateral treaty makes offences in relation to narcotic drugs extraditable these regulations are being made so that obligations under the Single Convention on Narcotic Drugs are seen to be implemented in respect of all Parties to the Convention.
Overview
The Extradition (Republic of Austria) Regulations (Amendment) 2004 were enacted to address the need for Australia to implement its obligations under Article 36(2)(b) of the Single Convention on Narcotic Drugs 1961, as amended by the 1972 Protocol. These regulations were made under the authority of the Extradition (Foreign States) Act 1966 and were intended to ensure that offences relating to narcotics are deemed extraditable between Australia and the Republic of Austria, aligning with the broader obligations set out in the Single Convention. Both countries are signatories to this international treaty, which necessitates that narcotic-related offences be considered extraditable, even where specific bilateral treaties may not explicitly cover such offences. This amendment aims to clarify and reinforce Australia's commitment to the global framework for combating drug-related crimes by ensuring consistency with the broader international obligations under the Convention.
Scope and Application
The Extradition (Republic of Austria) Regulations (Amendment) Statutory Rules 1983 No. 165, issued under the authority of the Attorney-General, are designed to ensure that Australia adheres to its commitments under the Single Convention on Narcotic Drugs 1961, as amended by the 1972 Protocol. These regulations complement the existing bilateral extradition treaty between Australia and the Republic of Austria, which was established in 1975 and which already includes provisions for the extradition of individuals involved in narcotic drug-related offences. By implementing these amendments, Australia seeks to incorporate the broader obligations of the Single Convention, ensuring that all Parties to the Convention are aligned in their approach to narcotic drug offences. The regulations apply to individuals who are subject to extradition proceedings between Australia and the Republic of Austria, specifically those involved in offences pertaining to narcotic drugs, and they extend to the geographic scope defined by the bilateral treaty and the obligations under the Single Convention. These regulations do not create any new exclusions or exemptions beyond those already specified in the bilateral treaty and the Convention itself.
Key Provisions
The main sections of the Extradition (Republic of Austria) Regulations (Amendment) are crucial for understanding Australia's obligations and legal mechanisms under the Single Convention on Narcotic Drugs 1961. Section 10 and 31 of the Extradition (Foreign States) Act 1966 provide the legal basis for these regulations (sections 10 and 31). The regulations aim to align Australia's extradition practices with its commitments under the Single Convention, ensuring that offences relating to narcotics are considered extraditable under the bilateral treaty with Austria. The Schedule to the regulations details the text of the bilateral extradition treaty between Australia and Austria, which has been in force since 6 February 1975.
These regulations impose several obligations on the parties involved. Firstly, they require that offences related to narcotics, as defined under the Single Convention, be included in any extradition treaty between Australia and Austria. This ensures that both countries honour their commitments to combat drug-related crimes effectively. The regulations mandate that the Australian authorities must follow the procedures outlined in the Extradition Act when processing extradition requests from Austria. This includes verifying the legal basis for the extradition request and ensuring that the offence in question meets the criteria set out in the Single Convention.
The Extradition (Republic of Austria) Regulations (Amendment) also establish the framework for potential consequences in case of non-compliance. Any breach of these regulations could lead to significant legal repercussions. While the specific penalties for breaches are not detailed within these regulations, they generally fall under the provisions of the Extradition Act and the Single Convention. In cases of non-compliance with extradition treaties, penalties can include fines, imprisonment, or both. The exact penalties depend on the severity of the offence and the discretion of the court. Additionally, failure to honour international obligations could have diplomatic repercussions, potentially affecting bilateral relations between Australia and Austria.