EXPLANATORY STATEMENT
Subject - Extradition Act 1988
Extradition (Republic of Korea) Regulations
Section 55 of the Extradition Act 1988 (the Act) provides that the Governor-General may make regulations, for the purposes of 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 5 September 1990, the Attorney-General signed a Treaty on Extradition between the Government of Australia and the Government of the Republic of Korea (the Treaty). A copy of the English text of the Treaty is set out in the Schedule to the Extradition (Republic of Korea) Regulations (the Regulations).
Article 19, 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 Korea 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 Korea subject to the Treaty.
Details of the Regulations are as follows:
Regulation 1 is a citation Provision.
Regulation 2 provides for the Regulations to commence on 16 January 1991 (the Republic of Korea will be notified of the making of the Regulations thirty days beforehand in accordance with Article 19, paragraph 1 of the Treaty).
Regulation 3 is an interpretation provision.
Regulation 4 declares the Republic of Korea to be an extradition country for the purposes of the Act.
Regulation 5 applies the Act to the Republic of Korea subject to the Treaty which is reproduced as a Schedule to the Regulations.