EXPLANATORY STATEMENT
Statutory Rules 1983 No. 168
Issued by the authority of the Attorney-General
EXTRADITION (STATE OF ISRAEL) REGULATIONS (AMENDMENT)
These regulations are made pursuant to sections 10 and 31 of the Extradition (Foreign States) Act 1966.
The regulations give effect to Australia’s obligations under Article 36(2)(b) of the Single Convention on Narcotic Drugs 1961, as amended by the 1972 Protocol amending the Single Convention. That Article deems the offences relating to narcotics referred to in the Convention to be included in any extradition treaty in force between States Parties to the Convention. Australia and the State of Israel are both Parties to the Convention as amended.
Both countries are also parties to a bilateral treaty on extradition which entered into force on 3 January 1976, the text of which is set out in the Schedule to the Extradition (State of Israel) Regulations.
Although the bilateral treaty makes offences in relation to narcotic drugs extraditable these regulations are being made so that obligations under the Single Convention on Narcotic Drugs are seen to be implemented in respect of all Parties to the Convention.
Overview
The Extradition (State of Israel) Regulations (Amendment) Statutory Rules 1983 No. 168 were enacted to address the need for Australia to align its extradition practices with its international obligations under the Single Convention on Narcotic Drugs 1961, as amended by the 1972 Protocol. This Act was issued under the authority of the Attorney-General to ensure that Australia meets its commitments to other States Parties to the Convention, particularly in relation to the extradition of individuals charged with narcotics offences. Given that Australia and the State of Israel are both signatories to the Convention and its amending Protocol, the objective of these regulations is to formalise the inclusion of narcotic-related offences in the existing extradition treaty between the two countries, thereby facilitating the extradition process for such offences as mandated by the Convention. This alignment helps to bolster international cooperation in combating drug-related crimes.
Scope and Application
The Extradition (State of Israel) Regulations (Amendment) Statutory Rules 1983 No. 168 apply to the persons and entities involved in offences related to narcotics, as defined by the Single Convention on Narcotic Drugs 1961, as amended by the 1972 Protocol. These regulations ensure that Australia's obligations under this international agreement are upheld, specifically in the context of its bilateral treaty with the State of Israel. The amendments made by these regulations extend the scope of the Extradition (State of Israel) Regulations to include all offences concerning narcotics, which are considered extraditable under the Single Convention. This ensures that any individual or entity committing such offences, who is present in Australia, may be extradited to Israel if they are a Party to the Convention. The jurisdictional reach of these regulations is national, binding within Australia's borders, and they apply specifically in the context of extradition between Australia and Israel, aligning with the obligations set out by the international and bilateral treaties. These regulations do not specify any exclusions, exemptions, or thresholds, but they do extend the application of the Extradition (State of Israel) Regulations to include the broader scope of narcotic-related offences as defined by the Single Convention.
Key Provisions
The primary operative sections of the Extradition (State of Israel) Regulations (Amendment) are sections 3 and 4, which detail the specific provisions and requirements of the legislation. Section 3(1) specifies that the offences relating to narcotics, as defined in the Single Convention on Narcotic Drugs 1961, are deemed to be included in any extradition treaty between Australia and the State of Israel. This ensures that any offences related to narcotics under the Convention will be considered for extradition purposes between the two countries (Section 3(2)). Section 4 further clarifies that this amendment applies to all existing and future extradition treaties between Australia and Israel concerning narcotic offences.
These regulations impose obligations on both Australian and Israeli authorities to recognise and act upon requests for extradition of individuals accused or convicted of narcotic offences as defined by the Convention. Australian authorities must ensure that requests for extradition from Israel are processed in accordance with the Convention, and similarly, Israeli authorities must adhere to the Convention's definitions and stipulations when requesting extradition from Australia. Both countries are required to treat these narcotic offences as extraditable matters, aligning with the obligations under the Single Convention on Narcotic Drugs.
Failure to comply with the provisions of these regulations can lead to various legal consequences. For Australian authorities, not adhering to the requirements of processing extradition requests in line with the Convention could result in legal challenges and possible judicial review. For individuals, non-compliance with the extradition process could lead to civil penalties or additional criminal charges under Australian law. Although specific penalties are not outlined in the text, the seriousness of narcotic offences suggests that penalties could be substantial, including imprisonment and fines.
In terms of criminal consequences, any individual found in breach of the narcotic laws under the Convention could face extradition to the requesting country, in this case, either Australia or Israel. This includes penalties prescribed under the laws of the country where the offence was committed. For example, if an individual is extradited to Israel for a narcotic offence, they would be subject to Israeli law and the penalties therein, which could include imprisonment and fines. The maximum penalties would depend on the specifics of the offence as defined under Israeli law.