EXPLANATORY STATEMENT
Subject - Extradition Act 1988
Extradition (Republic of Italy) Regulations (Amendment)
1990 No. 136
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 26 August 1985, the then Attorney-General signed a Treaty of Extradition Between Australia and the Republic of Italy (the Treaty). A copy of the English text of the Treaty is set out in the Schedule to the Extradition (Republic of Italy) Regulations (Amendment) (the Regulations).
Article 22, paragraph 2, of the Treaty provides that on its entry into force the Treaty of Extradition between Australia and the Republic of Italy signed on 28 November 1973 shall cease to have effect.
Article 22, 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 Italy 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 Italy subject to the Treaty.
Details of the Regulations are as follows:
Clause 1 provides for the Regulations to commence on 1 August 1990 (on the basis that the Republic of Italy will be notified of the making of the Regulations thirty days beforehand in accordance with Article 22, paragraph 1 of the Treaty).
Clause 2 defines “Principal Regulations” to be current Extradition (Republic of Italy) Regulations, which apply the Act to the Republic of Italy subject to the Treaty on Extradition between Australia and the Republic of Italy signed on 28 November 1973.
Clause 3 repeals the application provision in the Principal Regulations and applies the Act to the Republic of Italy subject to the Treaty which is reproduced as a Schedule to the Regulations.
Clause 4 repeals the Schedule to the Principal Regulations and substitutes it with the Schedule in these Regulations.