Extradition (Tuvalu) Regulations 2010
Select Legislative Instrument 2010 No. 162 as amended
made under the
Extradition Act 1988
This compilation was prepared on 20 September 2012
taking into account amendments up to SLI 2012 No. 210
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Commencement [see Note 1]
3 Definition
4 Extradition country
6 Modification of Act — application to Tuvalu
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Extradition (Tuvalu) Regulations 2010.
2 Commencement [see Note 1]
These Regulations commence on the day after they are registered.
3 Definition
In these Regulations:
Act means the Extradition Act 1988.
4 Extradition country
For the definition of extradition country in section 5 of the Act, Tuvalu is declared to be an extradition country.
6 Modification of Act — application to Tuvalu
For section 11 of the Act, the Act applies in relation to Tuvalu as if a reference to 45 days in paragraph 17 (2) (a) of the Act were a reference to 60 days.
Notes to the Extradition (Tuvalu) Regulations 2010
Note 1
The Extradition (Tuvalu) Regulations 2010 (in force under the Extradition Act 1988) as shown in this compilation comprise Select Legislative Instrument 2010 No. 162 amended as indicated in the Tables below.
Table of Instruments
Year and
Number | Date of FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
2010 No. 162 | 1 July 2012 (see F2010L01776) | 2 July 2012 | |
2012 No. 210 | 3 Sept 2012 (see F2012L01825) | Schedule 17: 20 Sept 2012 (see s. 2) | — |
|
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 5................. | rep. 2012 No. 210 |
Overview
The Extradition (Tuvalu) Regulations 2010 were enacted under the Extradition Act 1988 and aim to facilitate the extradition process between Australia and Tuvalu, addressing a gap in the existing extradition arrangements. These Regulations were introduced to provide a clear legal framework for the extradition of individuals from Tuvalu to Australia or vice versa, ensuring that the process complies with the requirements of both countries. The Extradition (Tuvalu) Regulations 2010 were prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, and were made to amend the Extradition Act 1988. The primary policy objective is to establish Tuvalu as an extradition country under Australian law, thereby ensuring that Australia can seek the extradition of individuals from Tuvalu for criminal proceedings and that Tuvalu can request the extradition of individuals to Australia for the same purpose. The Regulations also modify the application of section 11 of the Extradition Act 1988 to extend the time period for the surrender of an individual from 45 to 60 days in certain circumstances.
Scope and Application
The Extradition (Tuvalu) Regulations 2010, made under the Extradition Act 1988, specify the legal framework for extradition between Australia and Tuvalu. These regulations apply to any person or entity involved in extradition proceedings between the two nations, including those subject to extradition requests or those involved in the transfer of individuals for the purposes of facing criminal charges. The scope of these regulations extends to the conduct and transactions related to extradition, such as the documentation and legal processes necessary for the transfer of individuals. Geographically, these regulations have a national reach within Australia, governing the legal procedures applicable to extradition from Australia to Tuvalu. Notably, the regulations declare Tuvalu as an extradition country under the Extradition Act 1988. Furthermore, these regulations modify the application of the Act in relation to Tuvalu by extending the period for responding to an extradition request from 45 days to 60 days. The regulations may be subject to further amendments through subordinate instruments, which could alter the application or specific details of the extradition process as per changes in legislative or international requirements.
Key Provisions
The Extradition (Tuvalu) Regulations 2010, made under the Extradition Act 1988, provide specific provisions for the extradition process between Australia and Tuvalu. According to the regulations, Tuvalu is declared to be an extradition country (regulation 4), and the Act applies in relation to Tuvalu with a modified timeframe of 60 days instead of the standard 45 days (regulation 6). These regulations commence on the day after they are registered (regulation 2). The Act is defined in regulation 3 as the Extradition Act 1988.
These regulations impose specific obligations on the parties involved in the extradition process between Australia and Tuvalu. They require that the extradition process adheres to the Act, with the modified timeframe of 60 days as outlined in regulation 6. Additionally, the regulations mandate that all proceedings related to extradition between Australia and Tuvalu must comply with the provisions of the Extradition Act 1988.
Breach of the Extradition (Tuvalu) Regulations 2010 may result in both civil and criminal consequences. While the regulations themselves do not explicitly state penalties for breach, the Extradition Act 1988, under which these regulations are made, may impose penalties for non-compliance. Such penalties could include fines or imprisonment, depending on the nature and severity of the breach. It is essential for parties involved in the extradition process to be aware of their obligations under both the Extradition Act 1988 and the Extradition (Tuvalu) Regulations 2010 to avoid potential legal consequences.