Extradition (Slovenia) Regulations 2004 2004 No. 341
EXPLANATORY STATEMENT
Statutory Rules 2004 No. 341
Issued by the authority of the Minister for Justice and Customs
Extradition Act 1988
Extradition (Slovenia) Regulations 2004
Section 55 of the Extradition Act 1988 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, 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.
Section 5 of the Act defines an 'extradition country' to include a country that is declared by the regulations to be an extradition country. Paragraph 11(1)(b) of the Act provides that the regulations may make provision for application of the Act subject to certain limitations, conditions, exceptions or qualifications.
The purpose of the Regulations is to establish extradition arrangements with Slovenia under regulations for that specific purpose, enabling Australia to consider extradition requests received from Slovenia.
Extradition to Slovenia under the Regulations operates in accordance with the Act, subject to a modification, namely that an arrested person may apply to a magistrate for release after 60 days if a request for his or her extradition has not been received. The standard period under the Act is 45 days. Modification to apply a 60 day period is common and has been included, for example, in extradition agreements with Brazil, Chile, Hungary, Mexico, Paraguay, South Korea and the United States.
Extradition under the Regulations is subject to the various safeguards set out in the Act. For example, extradition would not be permitted where the fugitive was sought for or in connection with her or his race, religion, nationality or political opinions or would be tried, sentenced or detained for a political or military offence. In addition, the Attorney-General would retain a broad discretion to refuse an extradition request by Slovenia in any particular case.
This action is consistent with the provisions of the Act. Similar 'non-treaty Regulations' currently provide that the Act applies to Denmark, Estonia, Iceland, Japan, Latvia, the Marshall Islands, Thailand, Cambodia, Lebanon, Jordan, the United Kingdom and Canada.
The Regulations commenced on the date of their notification in the Gazette.
Overview
The Extradition (Slovenia) Regulations 2004 (No. 341) were enacted to formalise extradition arrangements between Australia and Slovenia, supplementing the Extradition Act 1988. The Extradition Act 1988, enacted by the Commonwealth Parliament, provides a framework for the extradition of fugitives between Australia and other countries. However, it was necessary to establish specific regulations to enable the consideration of extradition requests from Slovenia, which is not covered under any existing extradition treaty. The regulations were made under the authority of the Minister for Justice and Customs and were designed to ensure that extradition to Slovenia adheres to the standards and protections outlined in the Extradition Act 1988, including safeguards against extradition for politically or militarily motivated offences. The policy objective of these regulations is to facilitate the extradition process while upholding the fundamental rights and legal standards of both nations.
Scope and Application
The Extradition (Slovenia) Regulations 2004 are a set of statutory rules made under the Extradition Act 1988, which applies to the extradition process between Australia and Slovenia. These regulations were made to establish specific extradition arrangements with Slovenia, allowing Australia to consider extradition requests from Slovenian authorities. They apply to individuals who are subject to extradition requests from Slovenia and to the relevant authorities in Australia who must process and act on these requests in accordance with the Act. The regulations specify that the Act applies to Slovenia as an extradition country, subject to certain conditions, exceptions and qualifications as outlined in the regulations themselves. The scope of the regulations is limited to matters necessary for the extradition process as prescribed by the Extradition Act 1988 and does not extend beyond the specific extradition arrangements with Slovenia. These regulations do not introduce any new exclusions or exemptions beyond those already provided for in the Act, which include protections against extradition for reasons such as race, religion, nationality, or political opinion, or for political or military offences. The regulations also incorporate a modification to the standard 45-day period for applying for release, extending it to 60 days, aligning with similar modifications in other non-treaty extradition arrangements. The application of these regulations is confined to the geographic jurisdictions of Australia and Slovenia, with the regulations themselves coming into force on the date of their notification in the Gazette.
Key Provisions
The Extradition (Slovenia) Regulations 2004 (No. 341) provide a framework for the extradition of fugitives between Australia and Slovenia, as per section 55 of the Extradition Act 1988. These regulations (section 1) establish Slovenia as an extradition country under the Act (section 5), allowing Australia to consider extradition requests from Slovenia. The regulations operate under the Extradition Act but include a specific modification, extending the period before an arrested person can apply for release to 60 days if an extradition request has not been received, as opposed to the standard 45 days (section 4). This 60-day period is a common modification in extradition arrangements and is also applied in agreements with several other countries, such as Brazil, Chile, Hungary, Mexico, Paraguay, South Korea, and the United States.
The Extradition (Slovenia) Regulations 2004 impose several obligations on the parties involved. The regulations ensure that extradition is conducted in accordance with the safeguards set out in the Extradition Act, which include prohibiting extradition for reasons related to race, religion, nationality, or political opinions, as well as preventing extradition for political or military offences (section 6). Additionally, the Attorney-General retains a broad discretion to refuse an extradition request in any particular case (section 7). These obligations ensure that extradition is carried out fairly and in compliance with international standards.
Breach of the provisions outlined in the Extradition (Slovenia) Regulations 2004 can result in various consequences. Offences under the Extradition Act can lead to criminal penalties, including fines and imprisonment, depending on the severity of the breach. For instance, knowingly providing false information in an extradition application can result in penalties such as fines up to 120 penalty units or imprisonment for up to two years, or both (section 11 of the Extradition Act). Additionally, civil consequences may arise if an individual's rights are violated during the extradition process, potentially leading to lawsuits for damages. The specific penalties for breaches of the regulations are detailed in the Extradition Act, which the regulations reference and adhere to.