EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO. 52.
SUBJECT: EXTRADITION (FOREIGN STATES) ACT 1966
EXTRADITION (SPAIN) REGULATIONS
Section 31 provides for the Governor-General to make regulations, not inconsistent with the Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Subsection 10(1) provides that where, after the commencement of the Act, an extradition treaty (including an extradition treaty that affects or amends an earlier extradition treaty) comes into force between Australia and a foreign State, regulations may provide, if this Act applies in relation to the foreign State at the time of coming into force of that treaty, that the Act applies in relation to that State after that time subject to such limitations, conditions, exceptions or qualifications as are necessary or desirable to give effect to that treaty and are specified in the regulations.
Australia succeeded to an extradition treaty between the United Kingdom and Spain made in 1878.
A modern extradition treaty between Australia and Spain was signed on 22 April 1987. This treaty terminates the treaty of 1878 (see Article 16). It represents a significant departure from that treaty in that it:
(a) describes an extradition offence as an offence which is punishable under the laws of both parties to the treaty by imprisonment or other deprivation of liberty for a period of at least one year or by a more severe penalty;
(b) replaces the ‘sufficient evidence’ requirement with a statement of acts or omissions alleged against the fugitive.
Article 16 of the 1987 treaty provides for the treaty to enter into force thirty days after Australia and Spain have exchanged notifications that the legal requirements for its entry into force have been complied with. Australia’s requirements for entry into force are the making of the Extradition (Spain) Regulations.
Australia and Spain exchanged diplomatic notes on 5 April 1988 in accordance with Article 16 of the treaty. In accordance with that Article of the treaty Regulation 2 of the Regulations provides that the Regulations come into operation on 5 May 1988 being thirty days after the exchange of diplomatic notes on 5 April 1988.