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.
Overview
The Extradition Act 1988, enacted by the Parliament of Australia, was established to facilitate the extradition process between Australia and other jurisdictions, enabling the surrender of persons wanted for criminal prosecution or punishment in a foreign country. The Act was designed to address the gap in legal provisions required to effectively manage extradition processes and ensure compliance with international treaties. The Extradition (Republic of Italy) Regulations (Amendment) 1990, made under section 55 of the Act, aimed to apply the Act to the Republic of Italy in accordance with a bilateral extradition treaty signed on 26 August 1985. These regulations were introduced to formalise the legal framework for extradition between the two countries, ensuring that the process is conducted in a manner consistent with the terms of the treaty and the domestic legislation. The policy objective was to strengthen the legal mechanisms for international cooperation in criminal matters, thereby enhancing the efficiency and effectiveness of the extradition process between Australia and Italy.
Scope and Application
The Extradition (Republic of Italy) Regulations (Amendment) 1990 No. 136, made under the Extradition Act 1988, applies to the Republic of Italy, implementing the Treaty of Extradition between Australia and Italy signed on 26 August 1985. The Act applies to persons wanted for extradition from Italy to Australia and vice versa, as well as to the conduct and transactions necessary to facilitate the extradition process. This regulation ensures that the Act's provisions are extended to Italy in accordance with the bilateral extradition treaty, superseding the previous treaty signed on 28 November 1973. The Regulations come into effect on 1 August 1990, contingent on Italy's notification of its completion of the required procedures under its law to ratify the Treaty, as stipulated in Article 22, paragraph 1 of the Treaty. The Regulations also include provisions to repeal the previous extradition regulations related to Italy and replace them with the new Schedule, ensuring continuity and alignment with the updated treaty.
Key Provisions
The Extradition (Republic of Italy) Regulations (Amendment) 1990 No. 136 are primarily concerned with applying the Extradition Act 1988 to the Republic of Italy, in accordance with the Treaty of Extradition signed on 26 August 1985. Section 55 of the Extradition Act 1988 allows the Governor-General to make regulations to carry out or give effect to the Act, and these Regulations serve to formalise the application of the Act to Italy under the new treaty (Section 11(1)(a)). The Regulations, which commence on 1 August 1990, specify that the Extradition Act 1988 will apply to Italy based on the new Treaty signed on 28 November 1973.
These Regulations impose several obligations on the relevant parties, including the requirement for Australia to notify Italy of the making of the Regulations thirty days before they commence, as stipulated in Article 22, paragraph 1 of the Treaty. Furthermore, Clause 3 of the Regulations repeals the application provision in the Principal Regulations and substitutes it with the new Treaty, while Clause 4 repeals the Schedule of the Principal Regulations and replaces it with the Schedule of these Regulations, ensuring that all provisions are consistent with the new Treaty.
In terms of enforcement, the Extradition Act 1988 provides for various offences and penalties for breaches. These may include fines and imprisonment for those who obstruct the extradition process or provide false information. However, the specific offences and penalties under the Extradition Act 1988 are not detailed in these Regulations but would apply as relevant when enforcing the Treaty with Italy. The Regulations themselves do not explicitly state penalties for non-compliance but rely on the broader provisions of the Extradition Act 1988 for enforcement.