Extradition (Republic of Indonesia) Regulations 1994 No. 441
EXPLANATORY STATEMENT
Statutory Rules 1994 No. 441
Issued by the Authority of the Attorney-General
Extradition Act 1988
Extradition (Republic of Indonesia) Regulations
Section 55 of the Extradition Act 1988 (the Act) provides that the Governor-General may make regulations prescribing all 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 subject to such limitations, conditions, exceptions, or qualifications as are necessary to give effect to a bilateral extradition treaty between Australia and that country, being a treaty a copy of which is set out in the regulations.
An extradition treaty between Australia and the Republic of Indonesia was signed in Jakarta on 22 April 1992. On 24 November 1994, the Republic of Indonesia notified Australia, in accordance with Article 21 of the Treaty, that its domestic requirements for the Treaty's entry into force had been satisfied. The Regulations enable Australia to give domestic effect to the Treaty. The Treaty enters into force 30 days after the Contracting States have notified each other that they have complied with their respective requirements for the entry into force of the Treaty. A note will be provided to Indonesia on 22 December 1994, 30 days before the Regulations commence and the Treaty enters into force, notifying Indonesia that Australia's requirements for the Treaty's entry into force have been complied with.
As with all extradition treaties the extradition treaty with Indonesia contains all the internationally accepted human rights safeguards which are now a part of modem extradition. Under the Treaty, extradition will not be permitted where the person is sought for, or in connection with his or her race, religion, nationality or political opinions. Extradition is also not permitted where the person would be subjected to torture, the death penalty or tried, sentenced or detained for a political or military law offence.
Details of the Regulations are as follows:
Regulation 1 is a citation provision.
Regulation 2 provides for the Regulations to commence on 21 January 1995 which is the date the Treaty comes into effect between Australia and the Republic of Indonesia.
Regulation 3 is an interpretation provision.
Regulation 4 declares the Republic of Indonesia to be an extradition country.
Regulation 5 applies the Act to the Republic of Indonesia subject to the Treaty, the English language text of which is reproduced as a Schedule to the Regulations.
Overview
The Extradition (Republic of Indonesia) Regulations 1994, issued under the authority of the Attorney-General, were enacted to give effect to the Extradition Act 1988. These regulations were developed in response to the need for Australia to align its domestic legal framework with the provisions of the extradition treaty signed with the Republic of Indonesia on 22 April 1992. The objective of these regulations is to ensure that Australia's extradition processes comply with the agreed terms of the treaty, incorporating necessary human rights safeguards and specific conditions as outlined in the treaty. By enabling the Act to apply to Indonesia, these regulations facilitate the extradition of individuals between the two countries in accordance with the mutual legal assistance treaty, ensuring that both nations adhere to internationally accepted standards for extradition.
Scope and Application
The Extradition (Republic of Indonesia) Regulations 1994 implement the Extradition Act 1988 by applying it to the Republic of Indonesia in accordance with the bilateral extradition treaty between Australia and Indonesia signed in 1992. The Regulations declare Indonesia to be an extradition country and apply the Extradition Act to Indonesia subject to the terms of the Treaty, which is reproduced as a Schedule to the Regulations. The Regulations enable Australia to give domestic effect to the Treaty, which contains all the internationally accepted human rights safeguards, prohibiting extradition where the person would be subjected to torture, the death penalty or tried, sentenced or detained for a political or military law offence. The Regulations commence on 21 January 1995, the date the Treaty comes into force between Australia and Indonesia. The Regulations are subordinate legislation made under section 55 of the Extradition Act, which allows the Governor-General to make regulations prescribing matters necessary to carry out the Act.
Key Provisions
The Extradition (Republic of Indonesia) Regulations 1994 (No. 441) under the Extradition Act 1988 set out the legal framework for the extradition of individuals between Australia and the Republic of Indonesia. Regulation 2 specifies that these Regulations will commence on 21 January 1995, the same date the Extradition Treaty between Australia and Indonesia enters into force. Regulation 4 formally declares Indonesia as an extradition country under the Act, thereby recognising Indonesia as a jurisdiction with which Australia can formally request and receive extradition of individuals. Regulation 5 applies the provisions of the Extradition Act to Indonesia, subject to the conditions set out in the Extradition Treaty, which is detailed in a Schedule to these Regulations.
Under these Regulations, the obligations imposed on parties and entities primarily involve compliance with the Extradition Treaty between Australia and Indonesia. This includes adherence to the human rights safeguards outlined in the Treaty, ensuring that extradition requests and proceedings respect internationally accepted human rights standards. Parties must also ensure that any person sought for extradition is not subjected to torture, the death penalty, or tried, sentenced, or detained for a political or military law offence. Additionally, the Regulations require that all extradition requests and related documentation be submitted in the English language, as stipulated in the Treaty.
Failure to comply with the requirements set out in these Regulations can result in various consequences. While the Regulations themselves do not specify particular offences or penalties, breaches of the Extradition Act 1988 can lead to civil and criminal liabilities. Under the Extradition Act, any person who knowingly makes a false statement or representation in any document or communication in connection with an extradition request may be guilty of an offence. The maximum penalty for such an offence is generally imprisonment for a term of up to two years, reflecting the seriousness with which the law treats fraudulent actions in the extradition process. Additionally, any failure to comply with the human rights safeguards or other provisions of the Treaty can lead to diplomatic repercussions or the refusal of extradition requests, impacting the effectiveness of the legal cooperation between Australia and Indonesia.