EXPLANATORY STATEMENT
Statutory Rules 1983 No. 169
Issued by the authority of the Attorney-General
EXTRADITION (REPUBLIC OF ITALY) 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 Italy are both Parties to the Convention as amended.
Both countries are also parties to a bilateral treaty on extradition which entered into force on 9 May 1976 the text of which is set out in the Schedule to the Extradition (Republic of Italy) 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 Italy) Regulations (Amendment) 2004 were enacted to ensure that Australia complies with its international obligations under the Single Convention on Narcotic Drugs 1961, as amended by the 1972 Protocol. The regulations were made under the authority of the Attorney-General and pursuant to sections 10 and 31 of the Extradition (Foreign States) Act 1966, and they address the gap in implementing the obligations of the Single Convention in the context of Australia’s existing extradition treaty with Italy. By deeming offences relating to narcotics to be included in the extradition treaty, these regulations aim to reinforce Australia’s commitment to international drug control and law enforcement cooperation with Italy. This legislative amendment underscores the policy objective of ensuring that Australia's legal framework aligns with its international commitments to combat narcotics trafficking.
Scope and Application
The Extradition (Republic of Italy) Regulations (Amendment) Statutory Rules 1983 No. 169 apply to the persons and entities involved in the extradition process between Australia and the Republic of Italy, specifically concerning offences relating to narcotic drugs. These regulations are designed to ensure that Australia fulfils its obligations under the Single Convention on Narcotic Drugs 1961, as amended by the 1972 Protocol. The scope of the Act encompasses individuals who commit offences related to narcotics as defined by the Convention and any entities facilitating such activities. It extends to the conduct and transactions that involve the trafficking and other illegal activities pertaining to narcotics, ensuring that these are treated as extraditable offences under the bilateral extradition treaty between Australia and Italy. The geographic reach of these regulations is confined to the jurisdictional boundaries of Australia and the Republic of Italy, as both countries are signatories to the Convention and the bilateral treaty. There are no specific exclusions or exemptions mentioned within the text, although the application may be subject to interpretation and further clarification through subordinate instruments, which can extend or restrict the application of the regulations.
Key Provisions
The main operative sections of the Extradition (Republic of Italy) Regulations (Amendment) are concerned with ensuring Australia’s compliance with its obligations under international treaties, particularly the Single Convention on Narcotic Drugs 1961, as amended by the 1972 Protocol. Section 3(1) of the regulations outlines the deeming of narcotics-related offences as extraditable under any extradition treaty between Australia and Italy, as well as other States Parties to the Convention. Section 4 reinforces this by detailing the inclusion of these offences within the bilateral extradition treaty between Australia and Italy, which is referenced in the Schedule to the Regulations.
The regulations impose specific obligations on the parties involved, particularly the Australian government and Italian authorities. Under section 3(2), the Australian government is required to ensure that the deemed inclusion of narcotics-related offences in extradition treaties is effectively implemented. This includes ensuring that requests for extradition concerning these offences are processed in accordance with the terms of the relevant treaties. The Italian authorities, on the other hand, must respect these obligations by recognising the extraditability of these offences as per the bilateral treaty and the Convention.
Failure to comply with these regulations can result in significant legal consequences. While the regulations themselves do not explicitly state penalties for non-compliance, breaches of the Extradition Act 1966 or the Single Convention could lead to criminal charges under Australian law. For instance, if an individual knowingly assists in the commission of an offence related to narcotics and this results in an extradition request, they could face criminal charges under section 99 of the Extradition Act, which carries a maximum penalty of five years imprisonment. Additionally, non-compliance with the Convention’s provisions could have diplomatic repercussions between Australia and Italy, potentially affecting bilateral relations and treaty obligations.