Extradition (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations

Extradition (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations

Statutory Rules 1992 No. 403 as amended

made under the

Extradition Act 1988

Consolidated as in force on 2 July 1999

(includes amendments up to SR 1998 No. 27)

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Extradition (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations

Statutory Rules 1992 No. 403 as amended

made under the

Extradition Act 1988

Contents

Page

 1 Citation [see Note 1] 

 2 Commencement 

 3 Interpretation 

 4 Declaration of extradition countries 

 5 Application of the Act 

Schedule Countries that are parties to the UN Convention and to which the Act applies subject to the UN Convention

Notes

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1 Citation [see Note 1]

  These Regulations may be cited as the Extradition (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations.

2 Commencement

  These Regulations commence on the same day as the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990.

3 Interpretation

  In these Regulations, unless the contrary intention appears:

relevant country means a specified country to which, because of a specified law, the Act applies subject to:

 (a) a treaty; or

 (b) limitations, conditions, exceptions or qualifications.

specified country means a country specified in the Schedule.

specified law means:

 (a) Regulations made under paragraph 11 (1) (a) or (b) of the Act; or

 (b) subsection 11 (3) of the Act;

  as in force from time to time.

the Act means the Extradition Act 1988.

the UN Convention means the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, being the Convention referred to in, and a copy of the English text of which is set out in the Schedule to, the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990.

Note   Regulations made under paragraph 11 (1) (a) of the Act apply the Act to countries with which Australia has a bilateral extradition treaty. Regulations made under paragraph 11 (1) (b) of the Act apply the Act to countries with which the country’s extradition arrangements with Australia do not depend on a treaty. Subsection 11 (3) of the Act provides for the limitations, conditions, exceptions and qualifications subject to which the Act applies to certain countries with which Great Britain had extradition treaties which now apply to Australia.

4 Declaration of extradition countries

  Each specified country is declared to be an extradition country.

5 Application of the Act

 (1) The Act applies to each specified country subject to the limitations, conditions, exceptions or qualifications set out in article 6 of the UN Convention.

 (2) For the purpose of giving effect to the UN Convention in relation to a relevant country, the Act applies to that country subject to:

 (a) any extradition treaty; or

 (b) any limitations, conditions, exceptions or qualifications;

  subject to which, because of a relevant specified law or each relevant specified law (as the case requires), the Act applies to that country.

 (3) Subregulation (2) does not affect the operation of subregulation (1).

Note    the Schedule lists the countries, other than Australia, that are parties to the UN Convention. Article 6 of that Convention imposes an obligation on Australia to extradite to other State Parties for convention offences (i.e., the offences listed in Article 3 Paragraph 1 of the UN Convention). Paragraph 5 of Article 6 provides, in effect, that Australian law governs the handling of extradition requests made to Australia under the UN Convention.

Schedule Countries that are parties to the UN Convention and to which the Act applies subject to the UN Convention

(Regulation 3)

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Notes to the Extradition (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations

Note 1

The Extradition (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations (in force under the Extradition Act 1988) as shown in this consolidation comprise Statutory Rules 1992 No. 403 amended as indicated in the Tables below.

Table of Statutory Rules

Table of Amendments