EXPLANATORY STATEMENT
Subject - Extradition Act 1988
Extradition (Republic of the Philippines) 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 7 March 1988, the Minister of Justice and Consumer Affairs signed a Treaty on Extradition between the Government of Australia and the Government of the Republic of the Philippines (the Treaty). A copy of the text of the Treaty is set out in the Schedule to the Extradition (Republic of the Philippines) Regulations (the Regulations).
Article 18, 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 the Philippines has 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 the Philippines 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 18 January 1991 (the Republic of the Philippines will be notified of the making of the Regulations thirty days beforehand in accordance with Article 18, paragraph 1 of the Treaty).
Regulation 3 is an interpretation provision.
Regulation 4 declares the Republic of the Philippines to be an extradition country for the purposes of the Act.
Regulation 5 applies the Act to the Republic of the Philippines subject to the Treaty which is reproduced as a Schedule to the Regulations.
Overview
The Extradition Act 1988 was enacted to facilitate the extradition of individuals between Australia and other countries, ensuring that those who commit crimes in one jurisdiction can be held accountable in another. This Act empowers the Governor-General to make regulations that apply the Act to specified extradition countries to give effect to bilateral extradition treaties. The Extradition (Republic of the Philippines) Regulations, made under section 55 of the Extradition Act 1988, were introduced to formalise the extradition relationship between Australia and the Republic of the Philippines by applying the Act to the Philippines subject to the Treaty on Extradition signed between the two governments on 7 March 1988. These regulations were necessitated by the need to provide a legal framework for the extradition process in accordance with the Treaty, and they aim to ensure that the Treaty's provisions are effectively implemented. The Regulations were enacted by the relevant authority, likely the Governor-General, in accordance with the Act's provisions and the requirements of the Treaty.
Scope and Application
The Extradition (Republic of the Philippines) Regulations 1991 apply the Extradition Act 1988 to the Republic of the Philippines, thereby establishing a formal legal framework for the extradition of persons between Australia and the Philippines in accordance with the Treaty on Extradition signed on 7 March 1988. These regulations are designed to ensure that both countries can effectively cooperate in the apprehension and surrender of individuals who are wanted for criminal proceedings, subject to the terms and conditions stipulated in the Treaty. The regulations apply to any person who is sought for extradition to or from the Philippines under the Treaty, encompassing both Australian citizens and foreign nationals who are residing in or travelling through the Philippines. The regulations have a national reach within Australia and are intended to facilitate the extradition process in line with international obligations under the Treaty. There are no stated exclusions or exemptions within the regulations themselves, although the Treaty itself may contain specific provisions regarding the types of offences and circumstances that will or will not be subject to extradition. The Regulations are supported by subordinate instruments as necessary to implement the Treaty and ensure compliance with the Act.
Key Provisions
The Extradition (Republic of the Philippines) Regulations, made under Section 55 of the Extradition Act 1988, establish the framework for applying the Act to the Republic of the Philippines to give effect to the bilateral extradition treaty between Australia and the Philippines (Regulation 5). The Regulations came into effect on 18 January 1991, following the necessary notifications and procedures as outlined in Article 18, paragraph 1, of the Treaty (Regulation 2). Regulation 4 identifies the Republic of the Philippines as an extradition country under the Act, formalising its status in terms of extradition processes.
These Regulations impose specific obligations and requirements on the parties involved. Primarily, they establish the legal basis for extradition proceedings between Australia and the Philippines, ensuring that any requests for extradition are made in accordance with the Treaty and the provisions of the Extradition Act 1988. They also outline the conditions under which individuals can be extradited, such as the types of offences that qualify for extradition and the documentation required to support extradition requests.
Failure to comply with the provisions of the Regulations can result in various consequences. While the Regulations themselves do not explicitly outline specific offences or penalties, breaches of the Extradition Act 1988 can lead to civil and criminal liabilities. For instance, if an extradition request is found to be improperly made or if the process is conducted in a manner inconsistent with the Act, this could result in legal action against the responsible parties. The penalties for such breaches could include fines or imprisonment, depending on the severity of the breach and the specific provisions of the Extradition Act 1988 that are contravened. The maximum penalties would be as specified in the primary Act, which may include substantial fines and significant terms of imprisonment for serious breaches.