EXPLANATORY STATEMENT
STATUTORY RULES 1989 No 108
Subject- Extradition Act 1988
Extradition (Sweden) Regulations (Amendment)
Section 55 of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing 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. Paragraph 11(1)(a) provides that regulations may apply the Act to a specified extradition country subject to such limitations, conditions, exceptions or qualifications as are necessary to give effect to a bilateral extradition treaty in relation to the country.
A 1985 Protocol to the 1973 Extradition Treaty with Sweden adopted the ‘no evidence’ approach. This further Protocol removes an internal inconsistency which could have led to the purpose of the 1985 Protocol not being achieved.
Details of the proposed Regulations are as follows:
Clause 1 provides for the Regulations to commence on 10 June 1989.
Clause 2 provides that the “Principal Regulations” are the Extradition (Sweden) Regulations.
Clause 3 provides that Regulation 4 of the Principal Regulations is amended such that the application of the Act to Sweden is subject to the terms and condition of the 1973 Extradition Treaty as amended by the 1985 and 1989 Protocols.
Clause 4 provides that the 1989 Protocol will become Schedule 3 to the Principal Regulations.