Extradition (Ships and Fixed Platforms) Regulation 1993 No. 86
EXPLANATORY STATEMENT
Statutory Rules 1993 No. 86
Issued by the Authority of the Attorney-General
Extradition Act 1988
Extradition (Ships and Fixed Platforms) Regulation
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. Subsection 11(1A) of the Act provides that regulations may apply the Act in relation to specific extradition countries to give effect to a multilateral extradition treaty.
The Regulations enable Australia to fulfil its extradition obligations pursuant to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (the Convention) and the related Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf (the Protocol), the texts of which are set out in Schedules 1 and 2 to the Crimes (Ships and Fixed Platforms) Act 1992. That Act implements Australia's obligations under the Convention and the Protocol to make provision in relation to certain crimes against the safety of ships and of fixed platforms.
Australia's instruments of accession to the Convention and Protocol were lodged with the International Maritime Organisation on 19 February 1993. Both the Convention and the Protocol will enter into force for Australia on the ninetieth day after the deposit of the instruments of accession, that is, on Thursday 20 May 1993.
Australia's obligations under the Convention and Protocol include obligations to extradite, in certain circumstances, persons accused of offences listed in the, Convention and Protocol.
The Regulations apply the Act to all countries listed in the Schedules, being States Parties to the Convention and Protocol respectively, so as to permit extradition for Convention and Protocol offences.
Details of the Regulations are set out in the Attachment.
ATTACHMENT
Details of the Regulations
Regulation 1 is a citation provision.
Regulation 2 provides for commencement of the Regulations. The formal parts of the Regulations will commence on gazettal. The Crimes (Ships and Fixed Platforms) Act 1992 clearly distinguishes between commencement dates for the Part 2 Convention provisions and the Part 3 Protocol provisions. These split commencement dates are also reflected in the Regulations.
Subregulation 2 (1) provides that those parts of the Regulations relating to the Convention will commence on the day on which Part 2 of the Crimes (Ships and Fixed Platforms) Act 1992 commences. It is proposed to proclaim that Part to commence on 20 May 1993 so as to coincide with Australia becoming a party to the Convention.
Subregulation 2 (2) provides that those parts of the Regulations relating to the Protocol will commence on the day on which Part 3 of the Crimes (Ships and Fixed Platforms) Act 1992 commences. It is proposed to proclaim that Part to commence on 20 May 1993 so as to coincide with Australia becoming a party to the Protocol.
Regulation 3 is an interpretation provision.
Regulation 4 declares each of the countries listed in Schedule 1 to be an extradition country. (Schedule 1 lists the countries, other than Australia, that have ratified the Convention).
Regulation 5 declares each of the countries listed in Schedule 2 to be an extradition country. (Schedule 2 lists the countries, other than Australia, that have ratified the Protocol).
Subregulation 6 (1) applies the Act to all countries specified in Schedule 1 subject to the limitations, conditions, exceptions and qualifications set out in Articles 7, 10 and 11 of the Convention. Those Articles impose an obligation on Australia to extradite to other States Parties for Convention offences.
Overview
The Extradition (Ships and Fixed Platforms) Regulation 1993 No. 86, issued under the authority of the Attorney-General, was enacted to facilitate the implementation of Australia's obligations under the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf. These international treaties aim to address the growing concern of unlawful acts against maritime navigation and fixed platforms, and Australia's accession to these instruments was formalized on 19 February 1993, with the Convention and Protocol entering into force on 20 May 1993. The primary objective of the Regulation is to ensure that Australia can comply with its extradition obligations under these treaties by applying the Extradition Act 1988 to specific countries that are parties to either the Convention or the Protocol, thereby enabling the extradition of individuals accused of offences listed in these international agreements.
The Regulation was enacted by the Parliament of Australia to ensure that Australia can meet its international obligations under the aforementioned treaties. By applying the Extradition Act 1988 to specific extradition countries listed in Schedules 1 and 2, the Regulation enables the extradition process for offences under the Convention and Protocol, aligning with the policy objective of maintaining maritime safety and security. The formal parts of the Regulation commence on gazettal, with split commencement dates aligning with the commencement dates of the relevant parts of the Crimes (Ships and Fixed Platforms) Act 1992. This ensures a coordinated approach to the implementation of Australia’s obligations under these international treaties.
Scope and Application
The Extradition (Ships and Fixed Platforms) Regulation 1993 No. 86 applies to facilitate the extradition of individuals accused of committing offences listed in the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf. The regulation operates under the authority of the Extradition Act 1988 and is intended to align with Australia's obligations under these international treaties. It applies to all countries listed in Schedules 1 and 2, which are the States Parties to the Convention and Protocol, respectively, and it allows for the extradition of individuals accused of specified maritime and offshore platform-related offences. The regulations provide the necessary framework for Australia to meet its international commitments regarding the extradition of suspects in relation to these crimes, with the commencement of the regulations split to reflect the different effective dates of the Convention and Protocol as implemented by the Crimes (Ships and Fixed Platforms) Act 1992.
Key Provisions
The Extradition (Ships and Fixed Platforms) Regulation 1993 (No. 86) is designed to facilitate the extradition of individuals accused of crimes against the safety of maritime navigation and fixed platforms on the continental shelf, in line with Australia's international obligations under the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf. Regulation 4 declares each country listed in Schedule 1, which includes countries that have ratified the Convention, as an extradition country for Convention offences. Similarly, Regulation 5 declares each country listed in Schedule 2, which includes countries that have ratified the Protocol, as an extradition country for Protocol offences. These declarations are crucial for enabling the application of the Extradition Act 1988 to these countries, thereby permitting extradition proceedings in accordance with the terms of the Convention and the Protocol.
The obligations imposed by these Regulations on the parties involved are primarily centred around ensuring that Australia can effectively fulfil its international commitments to extradite individuals accused of serious maritime and offshore platform crimes. This includes adhering to the specific limitations, conditions, exceptions, and qualifications outlined in Articles 7, 10, and 11 of the Convention and the corresponding provisions of the Protocol. Additionally, the Regulations mandate that the Extradition Act 1988 applies to the listed countries, subject to the conditions set forth in the Convention and Protocol. This ensures that extradition requests are processed in compliance with Australia's treaty obligations and domestic legal requirements.
Failure to comply with the obligations set out in the Extradition (Ships and Fixed Platforms) Regulation 1993 may result in significant legal consequences. While the Regulations themselves do not specify offences or penalties, breaches of the Extradition Act 1988 or related domestic laws could lead to criminal charges or civil actions. For instance, if an individual obstructs extradition proceedings or if a government entity fails to process an extradition request in accordance with the Act, this could result in criminal penalties. The maximum penalties for such offences would be determined by the specific provisions of the Extradition Act 1988 and any relevant state or territory laws. In civil contexts, failure to comply with extradition obligations could lead to lawsuits for damages or other civil remedies. The precise consequences would depend on the nature and severity of the breach.