Extradition (Republic of Venezuela) Regulations 1993 No. 308
EXPLANATORY STATEMENT
Statutory Rules 1993 No. 308
Issued by the Authority of the Minister for Justice
Extradition Act 1988
Extradition (Republic of Venezuela) Regulations
Section 55 of the Extradition Act 1988 (the Act) provides that the Governor- General may make regulations prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Paragraph 11 (1)(a) of the Act provides that regulations may apply the Act to a specified extradition country subject to such limitations, conditions, exceptions, or qualifications as are necessary to give effect to a bilateral extradition treaty between Australia and that country, being a treaty a copy of which is set out in the regulations.
An extradition treaty between Australia and the Republic of Venezuela was signed at Caracas on 11 October 1988. On 19 November 1992, the Republic of Venezuela notified Australia, in accordance with Article 24 of the Treaty, that its domestic requirements for the Treaty's entry into force had been satisfied. The Regulations enable Australia to give domestic effect to the Treaty. The Treaty enters into force 30 days after the Contracting States have notified each other that they have complied with their respective requirements for the entry into force of the Treaty. A note will be provided to Venezuela on 19 November 1993, 30 days before the Regulations commence and the Treaty enters into force, notifying Venezuela that Australia's requirements for the Treaty's entry into force have been complied with.
The Regulations apply the Act to the Republic of Venezuela 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 19 December 1993 which is the date the Treaty comes into effect between Australia and the Republic of Venezuela.
Regulation 3 is an interpretation provision.
Regulation 4 declares the Republic of Venezuela to be an extradition country.
Regulation 5 applies the Act to the Republic of Venezuela subject to the Treaty, the English language text of which is reproduced as a Schedule to the Regulations.
Overview
The Extradition (Republic of Venezuela) Regulations 1993 were introduced to facilitate the implementation of the extradition treaty between Australia and the Republic of Venezuela. Enacted under the authority of the Minister for Justice pursuant to the Extradition Act 1988, these regulations aim to provide the necessary framework for executing the treaty. The policy objective is to ensure that Australia can effectively engage in the extradition process with Venezuela by aligning domestic legislation with the stipulations of the bilateral treaty. The Regulations were necessitated by the need to codify the terms of the treaty within Australian law, thereby enabling the formal process of extradition between the two countries to commence upon the treaty's entry into force. The Regulations set the stage for the Extradition Act to apply to Venezuela under the conditions outlined in the treaty, reflecting Australia's commitment to international cooperation in criminal justice.
Scope and Application
The Extradition (Republic of Venezuela) Regulations 1993 apply the provisions of the Extradition Act 1988 to the Republic of Venezuela, in accordance with a bilateral extradition treaty signed by both countries on 11 October 1988. The Regulations, which commence on 19 December 1993, allow Australia to implement the Treaty domestically and are applicable to any person who is subject to extradition proceedings under the Act for an offence committed in Venezuela, and vice versa. The Regulations are limited to the terms and conditions outlined in the Treaty, which includes specific offences that are subject to extradition, the procedures for requesting and executing extradition, and protections for the rights of individuals involved in extradition proceedings. The Regulations do not apply to any other country unless additional regulations are made under the Extradition Act.
Key Provisions
The Extradition (Republic of Venezuela) Regulations 1993 No. 308, made under section 55 of the Extradition Act 1988, provide the framework for applying the Act to the Republic of Venezuela (section 4). This means that the Act, which governs the process of extraditing individuals to and from Australia, is now applicable to Venezuela in accordance with the provisions and limitations set out in the bilateral extradition treaty between the two countries (section 5). The Regulations declare Venezuela to be an extradition country (section 4), which signifies that formal requests for the surrender of individuals can now be made under the Act in relation to Venezuela.
These Regulations impose specific obligations and requirements on the parties involved. For instance, the Regulations mandate that any extradition requests from Venezuela must be in accordance with the terms of the extradition treaty, which is detailed in the Schedule to the Regulations (section 5). This means that all extradition processes, documentation, and procedures must adhere to the stipulations outlined in the treaty. Additionally, the Regulations may impose conditions on the types of offences that can be the subject of an extradition request, the documentation required to support such a request, and the manner in which the request should be communicated to Australian authorities (section 5).
In terms of enforcement and consequences, breaches of the Extradition Act 1988 and the Extradition (Republic of Venezuela) Regulations 1993 can lead to both civil and criminal liabilities. Under the Extradition Act, any person who wilfully obstructs an extradition process can be subject to penalties. The maximum penalty for such an offence is generally imprisonment for a period of up to five years or a fine of up to 60 penalty units, or both (section 35 of the Extradition Act 1988). These provisions ensure that the extradition process is conducted smoothly and that any attempts to interfere with it are adequately addressed through legal sanctions.