Extradition (Thailand) Regulations 1995 No. 372
EXPLANATORY STATEMENT
Statutory Rules 1995 No. 372
Issued by the Authority of the Attorney-General
Extradition Act 1988
Extradition (Thailand) Regulations
Section 55 of the Extradition Act 1988 (the Act) provides that the Governor-General may make regulations 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. Subsection 11(1) of the Act provides that regulations may apply the Act to a specified extradition country subject to such limitations, conditions, exceptions, or qualifications set out in the regulations. This allows for regulations to be made applying the Act to a specified extradition country by way of an extradition treaty or otherwise.
Prior to the making of the Regulations the Act applied to Thailand by virtue of a Treaty for the Extradition of Criminals concluded between Great Britain and Siam on 4 March 1911. This Treaty has been inherited by Australia and it has constituted the extradition relationship between Australia and Thailand. The inherited Treaty has deficiencies. It does not apply to modem offences such as drug trafficking or money laundering, nor does it incorporate modern developments in international extradition. The Regulations will overcome these deficiencies of the inherited Treaty by creating a modem non-treaty extradition relationship between Australia and Thailand based on reciprocity. Although the inherited Treaty with Thailand will remain valid in the international sphere, the obligations under that Treaty will now be met at the domestic level by the non-treaty application of the Act.
The Regulations will enable Australia to extradite to and from Thailand for a large range of offences, including modern offences such as drug trafficking and money laundering. All internationally accepted safeguards in extradition will apply. For example, persons will not be extradited to Thailand where the death penalty will be imposed. In addition, the Attorney-General has a wide discretion to refuse surrender of a person to Thailand for political offences or offences attracting cruel or unusual punishment, or where it would be incompatible with humanitarian considerations. Similar Regulations have been made applying the Act to Brazil, Denmark, Fiji, Japan, Iceland, the Marshall Islands and South Africa.
The Regulations apply the Act to Thailand as modified by Regulation 4.
The Regulations commence on gazettal.
Details of the Regulations are as follows:
Regulation 1 is a citation provision.
Regulation 2 is an interpretation provision.
Regulation 3 declares Thailand to be an extradition country.
Regulation 4 provides that the Attorney-General shall not surrender a person to Thailand if the person were liable to be tried before a tribunal specially established to try that person.
Overview
The Extradition (Thailand) Regulations 1995 were enacted under the authority of the Attorney-General to address deficiencies in the inherited extradition treaty between Australia and Thailand, which was originally concluded in 1911 between Great Britain and Siam. The Extradition Act 1988 provides the legal framework for the regulation, allowing for the application of the Act to specified extradition countries, including the ability to establish a non-treaty extradition relationship based on reciprocity. The policy objective of the Regulations is to enable the extradition of individuals to and from Thailand for a wide range of offences, including modern offences such as drug trafficking and money laundering, while maintaining internationally accepted safeguards. These safeguards include, for example, prohibiting extradition where the death penalty may be imposed and providing the Attorney-General with discretion to refuse surrender in cases involving political offences, offences attracting cruel or unusual punishment, or where extradition would be incompatible with humanitarian considerations. The Regulations provide a modern framework to meet the obligations of the inherited Treaty at the domestic level and are part of a broader set of similar Regulations that apply the Act to various other countries.
Scope and Application
The Extradition (Thailand) Regulations 1995, made under Section 55 of the Extradition Act 1988, extend the application of the Act to Thailand, aiming to modernise and address the deficiencies of the inherited Treaty for the Extradition of Criminals concluded between Great Britain and Siam on 4 March 1911. These Regulations establish a non-treaty extradition relationship based on reciprocity, allowing Australia to extradite individuals to and from Thailand for a broad range of offences, including modern crimes such as drug trafficking and money laundering, while ensuring compliance with internationally accepted safeguards in extradition. Notably, individuals will not be extradited to Thailand if they face the death penalty, and the Attorney-General has discretion to refuse surrender for political offences or where it would attract cruel or unusual punishment, or be incompatible with humanitarian considerations. The Regulations commence upon gazettal and apply to Thailand as modified by Regulation 4.
Key Provisions
The Extradition (Thailand) Regulations 1995, made under the Extradition Act 1988, aim to establish a modern extradition framework between Australia and Thailand. Regulation 3 declares Thailand to be an extradition country, thereby applying the provisions of the Act to Thailand as modified by Regulation 4. This regulation effectively replaces the outdated Treaty for the Extradition of Criminals concluded between Great Britain and Siam in 1911 with a more comprehensive, reciprocal arrangement that addresses contemporary extradition requirements. This includes the ability to extradite individuals for modern offences such as drug trafficking and money laundering, which were not covered under the old treaty.
The Regulations impose several obligations on the parties involved. For instance, Regulation 4 ensures that the Attorney-General has the authority to refuse extradition if the individual is likely to be tried before a specially established tribunal, thereby protecting against unfair trials. Additionally, the Attorney-General has broad discretion under the Act to refuse extradition for political offences or if the extradition would result in cruel or unusual punishment, or if it would be incompatible with humanitarian considerations. These safeguards aim to ensure that the extradition process adheres to internationally accepted standards.
In terms of consequences for breach, the Act itself does not specify particular offences or penalties within the Regulations. However, any failure to comply with the obligations or requirements set out in the Regulations could potentially lead to legal challenges or actions under other provisions of the Extradition Act or related legislation. For example, if the Attorney-General improperly refuses extradition or authorises extradition in contravention of the Act's safeguards, this could result in legal repercussions. The Act does not explicitly state maximum penalties for such breaches, but general provisions within the Extradition Act or other relevant legislation may apply, including potential civil or administrative penalties.