Extradition (Samoa) Regulations 2010
Select Legislative Instrument 2010 No. 159 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 Commencement [see Note 1]
3 Definition
4 Extradition country
6 Modification of Act — application to Samoa
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Extradition (Samoa) Regulations 2010.
2 Commencement [see Note 1]
These Regulations commence on the day after they are registered.
3 Definition
In these Regulations:
Act means the Extradition Act 1988.
4 Extradition country
For the definition of extradition country in section 5 of the Act, Samoa is declared to be an extradition country.
6 Modification of Act — application to Samoa
For section 11 of the Act, the Act applies in relation to Samoa as if a reference to 45 days in paragraph 17 (2) (a) of the Act were a reference to 60 days.
Notes to the Extradition (Samoa) Regulations 2010
Note 1
The Extradition (Samoa) Regulations 2010 (in force under the Extradition Act 1988) as shown in this compilation comprise Select Legislative Instrument 2010 No. 159 amended as indicated in the Tables below.
Table of Instruments
Year and
Number | Date of FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
2010 No. 159 | 1 July 2010 (see F2010L01772) | 2 July 2010 | |
2012 No. 210 | 3 Sept 2012 (see F2012L01825) | Schedule 14: 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 = repealed rs. = repealed and substituted |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. 5.................. | rep. 2012 No. 210 |
Overview
The Extradition (Samoa) Regulations 2010, made under the Extradition Act 1988, were introduced to address the procedural and jurisdictional aspects of extradition between Australia and Samoa. These regulations were enacted to streamline the extradition process for individuals wanted in Samoa for criminal offences, ensuring that the legal framework governing such cases is both clear and effective. The regulations were formulated and enacted by the Australian government to facilitate the extradition process while adhering to international legal standards. The primary policy objective is to ensure that the extradition process is efficient and that the rights of the accused are adequately protected, thereby enhancing cooperation between the two nations in combating transnational crime.
These regulations declare Samoa as an extradition country, which is a critical step in formalising the legal channels for extradition. Additionally, they modify the application of the Extradition Act 1988 to accommodate the specific needs of extradition cases involving Samoa, particularly by extending the time limit for certain extradition-related actions. The regulations came into effect on 2 July 2010 and have been subject to amendments to refine their application and address any emerging issues in the extradition process.
Scope and Application
The Extradition (Samoa) Regulations 2010 apply to the nation of Samoa as an extradition country under the Extradition Act 1988. These regulations were made to formalise the relationship between Australia and Samoa in relation to the extradition of persons. The primary purpose is to specify the procedural and substantive conditions under which individuals can be surrendered from Samoa to Australia or vice versa. The Act applies to any person who is in Samoa and is wanted in Australia for an offence that is also an offence in Samoa, and similarly for Australian nationals wanted in Samoa. The Regulations have a national jurisdictional reach within Australia, extending to include Samoa in the network of extradition agreements. The Act's application can be further defined or restricted through subordinate instruments, which may include additional regulations or specific instruments that address particular aspects of the extradition process. The regulations modify the application of section 11 of the Extradition Act 1988 by extending the period from 45 to 60 days for certain extradition-related actions when dealing with Samoa.
Key Provisions
The Extradition (Samoa) Regulations 2010, made under the Extradition Act 1988, define Samoa as an extradition country (Reg. 4). This means that Samoa is recognised as a country with which Australia has an extradition treaty or arrangement. The Regulations came into effect on 2 July 2010 and have been amended since their initial enactment. For instance, Regulation 5 was repealed by SLI 2012 No. 210. These Regulations also modify the application of the Extradition Act 1988 in relation to Samoa by extending the time limit for the Australian government to respond to an extradition request from Samoa from 45 days to 60 days (Reg. 6).
These Regulations impose specific obligations on both Australian and Samoan authorities in the context of extradition. Australian authorities must comply with the requirements outlined in the Extradition Act 1988 and these Regulations when dealing with extradition requests from Samoa. This includes the obligation to respond within the specified timeframe of 60 days and to follow the legal procedures for the surrender of persons wanted for criminal offences. Samoan authorities, on the other hand, must submit their extradition requests in accordance with the requirements of the Extradition Act and the Regulations. This includes providing sufficient evidence to support the request and ensuring that the request complies with the terms of the extradition treaty or arrangement between Australia and Samoa.
Failure to comply with the obligations and requirements set out in the Extradition (Samoa) Regulations 2010 can result in legal consequences. For Australian authorities, not responding within the stipulated 60-day period could lead to delays in the extradition process and potential legal challenges. For Samoan authorities, submitting incomplete or inadequate extradition requests could result in the rejection of the request by Australian authorities. While the Regulations themselves do not specify penalties for non-compliance, breaches of the Extradition Act 1988 may result in civil or criminal penalties, including fines and imprisonment. The maximum penalties for offences under the Extradition Act depend on the specific offence committed and are outlined in the Act.