EXPLANATORY STATEMENT
Select Legislative Instrument 2010 No. 36
Issued by the authority of the Minister for Home Affairs
Extradition Act 1988
Extradition (United Arab Emirates) Regulations 2010
Section 55 of the Extradition Act 1988 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, 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.
Section 5 of the Act defines an ‘extradition country’ to include a country that is declared by regulations to be an extradition country. Paragraph 11(1)(a) of the Act 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 between Australia and that country, being a treaty a copy of which is set out in the regulations.
The Regulations give effect in Australian domestic law to the Treaty on Extradition between Australia and the State of the United Arab Emirates (the Treaty), signed at Hobart on 27 July 2008. A copy of the Treaty is set out in Schedule 1 of the Regulations. The Regulations apply the Act to extradition requests received from the State of the United Arab Emirates subject to the Treaty.
As with all of Australia’s extradition treaties, the Treaty contains a range of internationally accepted human rights safeguards. Under the Treaty, extradition will not be granted where the offence for which extradition is sought is a political offence or a purely military offence or the extradition request has been made for the purpose of prosecuting or punishing a person on account of that person’s race, colour, sex, language, religion, nationality or political opinions. A request for extradition must also be refused if the person sought may be subject to the death penalty, unless an undertaking is given that the death penalty will not be imposed or, if imposed, will not be carried out.
The Regulations commence on the day the Treaty enters into force for Australia. In accordance with Article 19 of the Treaty, the Treaty will enter into force on the thirtieth day after the date on which the Parties have exchanged instruments of ratification.
Consultation outside the Australian Government was not undertaken for this legislative instrument as it relates to criminal justice and law enforcement matters. The legislative instrument does not have a direct, or substantial indirect, effect on business and does not restrict competition. The Treaty was the subject of a public hearing by the Joint Standing Committee on Treaties, which recommended binding treaty action be taken in Report 91, tabled on 12 March 2008.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
ATTACHMENT
Details of the Regulations
Details of the Extradition (United Arab Emirates) Regulations 2010
Regulation 1 names the Regulations.
Regulation 2 provides that the Regulations commence on the day the Treaty will enter into force.
Regulation 3 defines Act to mean the Extradition Act 1988 and the United Arab Emirates to mean the State of the United Arab Emirates.
Regulation 4 declares the United Arab Emirates to be an extradition country.
Regulation 5 provides that the Extradition Act 1988 applies to the United Arab Emirates subject to the Treaty.
Schedule 1 contains the text of the Treaty.
Overview
The Extradition (United Arab Emirates) Regulations 2010 were introduced to give effect to the Treaty on Extradition between Australia and the United Arab Emirates (UAE), which was signed on 27 July 2008. These regulations were made under the authority of the Minister for Home Affairs in accordance with section 55 of the Extradition Act 1988, which allows the Governor-General to make regulations necessary for the implementation of the Act. The primary objective of these regulations is to apply the provisions of the Extradition Act 1988 to extradition requests from the UAE, subject to the conditions and limitations outlined in the Treaty. This legislative instrument ensures that Australia's extradition practices with the UAE adhere to internationally accepted human rights standards, including safeguards against extradition for political offences, purely military offences, or cases where the death penalty may be imposed. The regulations commence on the day the Treaty enters into force, as specified in Article 19 of the Treaty.
Scope and Application
The Extradition (United Arab Emirates) Regulations 2010 applies to the State of the United Arab Emirates and is made under the Extradition Act 1988. The Regulations bring into effect the Treaty on Extradition between Australia and the United Arab Emirates, which was signed on 27 July 2008. The Act applies to the conduct of extradition proceedings between the two countries, including the criteria for granting extradition requests and the human rights safeguards that must be observed. The Regulations ensure that the Extradition Act 1988 applies to the United Arab Emirates in a manner consistent with the Treaty. The Regulations will commence on the day the Treaty enters into force for Australia, which is the thirtieth day after the Parties have exchanged instruments of ratification. The Regulations do not apply to any other country, and the Extradition Act 1988 applies to other countries as set out in any other regulations made under the Act.
Key Provisions
The Extradition (United Arab Emirates) Regulations 2010, pursuant to Section 55 of the Extradition Act 1988, establish the conditions under which the Act applies to the United Arab Emirates (UAE). Regulation 4 declares the UAE an extradition country, thereby incorporating it into the framework of the Act (Regulation 4). Regulation 5 applies the Extradition Act 1988 to the UAE, subject to the limitations and conditions set out in the bilateral extradition treaty between Australia and the UAE, as detailed in Schedule 1 (Regulation 5). This treaty, signed on 27 July 2008, provides the legal basis for the extradition of individuals between the two countries.
The Regulations impose several obligations on parties involved in extradition processes. Firstly, they require that extradition requests from the UAE comply with the terms of the treaty, including the stipulation that extradition will not be granted for political or military offences, or if the individual may face the death penalty unless certain conditions are met (Schedule 1, Article 6). Secondly, the Regulations necessitate that any extradition request must include sufficient evidence to establish that the individual has committed the offence as alleged (Schedule 1, Article 8). Additionally, the Regulations mandate that the Act’s provisions on human rights safeguards must be adhered to, ensuring that the extradition process does not contravene internationally accepted human rights standards (Schedule 1, Article 10).
Failure to comply with the provisions of the Extradition Act 1988 and the Regulations may result in various legal consequences. Under the Act, any person who obstructs, hinders, or in any way interferes with the execution of an extradition warrant commits an offence (Section 63). The penalty for such an offence is imprisonment for up to five years, reflecting the seriousness of undermining the extradition process (Section 63). Additionally, any party found to be in breach of the human rights safeguards outlined in the Treaty may face legal action, potentially leading to the refusal of an extradition request or other legal remedies to address the breach. The strict adherence to these provisions is crucial to maintaining the integrity of the extradition process and upholding the legal standards set by both Australian and UAE laws.