Extradition (Republic of the Marshall Islands) Regulations 1993
Statutory Rules 1993 No. 187 as amended
made under the
Extradition Act 1988
This compilation was prepared on 20 September 2012
taking into account amendments up to SLI 2012 No. 210
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Interpretation
3 Declaration that the Marshall Islands is an extradition country
5 Application of Act in relation to the Marshall Islands
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Extradition (Republic of the Marshall Islands) Regulations 1993.
2 Interpretation
(1) In these Regulations:
Act means the Extradition Act 1988.
Marshall Islands means the Republic of the Marshall Islands.
3 Declaration that the Marshall Islands is an extradition country
The Marshall Islands is declared to be an extradition country.
5 Application of Act in relation to the Marshall Islands
(1) The Act applies to the Marshall Islands subject to the limitation, condition, exception or qualification set out in subregulation (2).
(2) The surrender to the Marshall Islands of an eligible person must be refused if, on being extradited, he or she would be liable to be tried for the offence to which the extradition request relates by a court or tribunal of the Marshall Islands:
(a) that has been specially established for the purpose of trying the person’s case; or
(b) that is only occasionally, or under exceptional circumstances, authorised to try persons accused of the offence.
Note Once a person has been found to be eligible for extradition, or has consented to extradition, the Attorney‑General must decide whether or not the person is to be surrendered. If the Act applies to an extradition country subject to a condition that extradition must be refused in certain circumstances, the Attorney‑General must not surrender a person to that extradition country unless the Attorney‑General is satisfied that the circumstances do not exist: Act, paragraph 22 (3) (e). The Act also limits the Attorney‑General’s discretion to authorise surrender of the person in other ways: see section 22 generally.
Notes to the Extradition (Republic of the Marshall Islands) Regulations 1993
Note 1
The Extradition (Republic of the Marshall Islands) Regulations 1993 (in force under the Extradition Act 1988) as shown in this compilation comprise Statutory Rules 1993 No. 187 amended as indicated in the Tables below.
Table of Instruments
Year and
Number | Date of notification
in Gazette or FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
1993 No. 187 | 30 June 1993 | 30 June 1993 | |
2012 No. 210 | 3 Sept 2012 (see F2012L01825) | Schedule 13: 20 Sept 2012 (see s. 2) | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 1................. | rs. 2012 No. 210 |
R. 4................. | rep. 2012 No. 210 |
Overview
The Extradition (Republic of the Marshall Islands) Regulations 1993, made under the Extradition Act 1988, were enacted to formalise the process of extraditing individuals from Australia to the Republic of the Marshall Islands for criminal prosecution. These regulations address the need for a clear legal framework to facilitate the extradition process between the two countries, ensuring that it aligns with international standards and legal requirements. The primary objective of these regulations is to establish the Marshall Islands as an extradition country, thereby allowing for the surrender of individuals who are wanted for criminal offences in that jurisdiction. The enacting body for these regulations is the Australian government, with the Attorney-General having a pivotal role in the decision-making process regarding the extradition of eligible persons.
Scope and Application
The Extradition (Republic of the Marshall Islands) Regulations 1993, made under the Extradition Act 1988, provide the framework for the extradition of individuals between Australia and the Republic of the Marshall Islands. These regulations apply to any eligible person who is wanted for extradition to the Marshall Islands and to the authorities involved in the extradition process, including the Attorney-General who must decide whether to surrender the person. The geographic reach of these regulations is limited to the Commonwealth of Australia and the Republic of the Marshall Islands, as specified in the Act. The Act's application is conditional; it may refuse extradition if the person would be tried by a court or tribunal established specifically for that case or one that only occasionally tries such cases. Any amendments or updates to these regulations are incorporated through subordinate instruments, ensuring that the extradition process remains aligned with legal and jurisdictional changes.
Key Provisions
The Extradition (Republic of the Marshall Islands) Regulations 1993, as amended, are a legislative instrument made under the Extradition Act 1988. These regulations establish the framework for the extradition of individuals between Australia and the Republic of the Marshall Islands. Key provisions of these regulations include the declaration that the Marshall Islands is an extradition country (regulation 3) and the application of the Extradition Act in relation to the Marshall Islands (regulation 5). Regulation 3 declares the Republic of the Marshall Islands as an extradition country, while regulation 5 outlines the conditions under which the Extradition Act applies to the Marshall Islands, including a specific limitation on the surrender of an eligible person if they would be tried by a specially established or occasionally authorised tribunal.
The obligations imposed by these regulations on the parties involved are primarily concerned with ensuring that extradition requests are processed in accordance with the provisions set out in the Extradition Act and these regulations. Specifically, the Attorney-General must make a decision on whether to surrender an eligible person to the Marshall Islands, taking into account the limitations and conditions outlined in regulation 5(2). The Attorney-General must not surrender a person if there is a risk that they would be tried by a specially established or occasionally authorised tribunal in the Marshall Islands (regulation 5(2)(a) and (b)).
The Extradition (Republic of the Marshall Islands) Regulations 1993 also establish potential consequences for breaches of the provisions. While specific offences and penalties are not explicitly stated within these regulations, breaches of the Extradition Act or the regulations could potentially lead to legal action. For instance, if an individual is surrendered in violation of the conditions outlined in regulation 5(2), this could give rise to civil or criminal liability for the Attorney-General or other relevant authorities. Additionally, the Extradition Act itself may impose penalties for non-compliance with its provisions, including fines or imprisonment. It is important to note, however, that the specific consequences for breaches of the Extradition (Republic of the Marshall Islands) Regulations 1993 would depend on the nature and severity of the breach, as well as any relevant case law or statutory provisions.