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.
Overview
The Extradition Act 1988 was enacted to facilitate the process of extraditing individuals who have committed crimes in one country and have fled to another. This Act was established by the Commonwealth Parliament to address the need for a legal framework governing the extradition of criminals between countries. The Extradition (Republic of Korea) Regulations 1990 were made under section 55 of the Act to give effect to a bilateral extradition treaty between Australia and the Republic of Korea. These regulations were introduced to ensure that Australia could legally and formally request the extradition of individuals who have committed crimes in either country and have sought refuge in the other. The policy objective of these regulations is to align Australian extradition law with the requirements of the Treaty, facilitating the mutual legal assistance and cooperation between the two nations in criminal matters.
Scope and Application
The Extradition (Republic of Korea) Regulations, made under Section 55 of the Extradition Act 1988, pertain to the application of the Act to the Republic of Korea to give effect to the bilateral extradition treaty between Australia and the Republic of Korea. The Act applies to individuals who are subject to extradition proceedings under the Treaty and to the entities involved in the process of extradition between the two countries. This includes law enforcement agencies, courts, and other relevant authorities in both jurisdictions. The Regulations extend the Act's jurisdictional reach to cover the Republic of Korea, thereby facilitating the extradition of individuals who have committed crimes in one country and have fled to the other. The Regulations do not include specific exclusions or thresholds, but they are subject to the terms and conditions outlined in the Treaty, which is attached as a Schedule. Any further application or restrictions of the Act to other countries or situations may be addressed through additional subordinate instruments.
Key Provisions
The Extradition (Republic of Korea) Regulations, made under section 55 of the Extradition Act 1988, are designed to facilitate the extradition process between Australia and the Republic of Korea. The key operative sections of these regulations include Regulation 2, which specifies that the regulations will commence on 16 January 1991, and Regulation 4, which declares the Republic of Korea to be an extradition country for the purposes of the Act. Regulation 5 is particularly significant as it applies the Extradition Act 1988 to the Republic of Korea, subject to the terms of the Treaty signed on 5 September 1990. This Treaty, which is included in the Schedule to the Regulations, sets out the bilateral extradition arrangements between the two countries.
The Regulations impose several obligations and requirements on the parties involved. For instance, Regulation 3, an interpretation provision, ensures that all terms used within the regulations are clearly defined to avoid ambiguity. Furthermore, Regulation 4’s declaration of the Republic of Korea as an extradition country under the Act facilitates the legal framework within which extradition requests can be processed. The application of the Extradition Act 1988 through Regulation 5 ensures that the procedures and criteria for extradition are uniformly applied, aligning with the stipulations of the Treaty.
In terms of compliance and enforcement, breaches of the provisions outlined in the Extradition (Republic of Korea) Regulations could lead to various legal consequences. Under the Extradition Act 1988, failure to comply with the regulations or the Treaty could result in civil or criminal penalties. For example, if an individual obstructs the extradition process or provides false information, they could be subject to criminal charges. The specific penalties for such offences would depend on the nature and severity of the breach but could include fines and imprisonment. Additionally, the Act provides for the recovery of costs associated with extradition proceedings, which could further impact the parties involved in any breach.