EXPLANATORY STATEMENT
Statutory Rules 1983 No. 167
Issued by the authority of the Attorney-General
EXTRADITION (SWEDEN) 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 Sweden are both Parties to the Convention as amended.
Both countries are also parties to a bilateral treaty on extradition which entered into force on 10 March 1974, the text of which is set out in the Schedule to the Extradition (Sweden) 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 (Sweden) Regulations (Amendment) 2004 were enacted to address the need for Australia to fulfil its obligations under Article 36(2)(b) of the Single Convention on Narcotic Drugs 1961, as amended by the 1972 Protocol. This legislative amendment was introduced to ensure that offences relating to narcotics are deemed extraditable under the existing bilateral extradition treaty between Australia and Sweden. The regulations were made under the authority of the Attorney-General and are pursuant to sections 10 and 31 of the Extradition (Foreign States) Act 1966. The policy objective of these regulations is to implement Australia's commitments under the international Single Convention, ensuring that all Parties to the Convention can rely on the extradition of narcotic-related offences between Australia and Sweden.
Scope and Application
The Extradition (Sweden) Regulations (Amendment) made under the Extradition (Foreign States) Act 1966 serve to align Australia’s legal obligations with international commitments under the Single Convention on Narcotic Drugs 1961, as amended by the 1972 Protocol. These regulations are specifically tailored to ensure that Australia fulfils its treaty obligations with Sweden, which is a signatory to both the Single Convention and the bilateral extradition treaty. The primary application of these regulations is to incorporate narcotic drug-related offences as extraditable crimes between Australia and Sweden, thereby facilitating the extradition of individuals accused or convicted of such offences in accordance with the terms of the international agreements. These regulations apply to individuals who are subject to extradition proceedings for offences specified under the Convention, and they extend to conduct and transactions involving narcotic drugs that are deemed extraditable under the provisions of the bilateral treaty.
Geographically, the application of these regulations is confined to the Commonwealth of Australia and Sweden, reflecting the bilateral nature of the extradition treaty. The regulations do not introduce new thresholds or exclusions beyond those specified in the Single Convention and the bilateral treaty. However, the application and interpretation of these regulations may be further extended or refined through subordinate instruments issued under the authority of the Attorney-General, ensuring that the provisions are applied consistently with Australia's obligations under international law.
Key Provisions
The primary operative sections of these regulations (sections 2 and 3) detail the amendments made to the Extradition (Sweden) Regulations to ensure compliance with Australia's obligations under the Single Convention on Narcotic Drugs 1961, as amended by the 1972 Protocol. Section 2 of the regulations amends the existing extradition treaty between Australia and Sweden to include offences relating to narcotics as extraditable offences. This means that any person who commits a drug-related offence in one country and flees to the other can now be extradited to face charges, aligning with the broader international commitment under the Convention. Section 3 ensures that these obligations are met by making specific reference to the inclusion of narcotics-related offences in any existing extradition arrangements between the two countries.
The obligations imposed by these regulations on the parties primarily involve the legal and procedural mechanisms for the extradition of individuals suspected or convicted of drug-related offences. Both Australia and Sweden must follow the amended extradition procedures to ensure that the obligations under the Single Convention are fully implemented. This includes formal requests for extradition, the provision of necessary documentation, and adherence to the legal standards set by both the bilateral treaty and the Convention itself. The regulations also require the courts in both countries to recognise and enforce the extradition requests in accordance with the laws of the respective jurisdictions.
In terms of breaches and consequences, the regulations do not specify offences, penalties, or civil/criminal consequences within the text provided. However, the broader legal framework under which these regulations operate, including the Extradition (Foreign States) Act 1966, would apply. Under this Act, any failure to comply with an extradition request, or any act that obstructs the extradition process, could be subject to penalties. These might include fines or imprisonment, depending on the severity of the breach and the jurisdiction's laws. The Extradition Act also allows for the possibility of judicial review and other legal remedies for affected parties, ensuring that any grievances or disputes can be addressed within the legal system.