Extradition (United Mexican States) Regulations 1991 No. 36
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 36
Subject - Extradition Act 1988
Extradition (United Mexican States) Regulations
Section 55 of the Extradition Act 1988 (the Act) provides that the Governor-General may make regulations, for the purposes of the Act. Paragraph 11(1)(a) of the Act provides that regulations may apply the Act to a specified extradition country to give effect to a bilateral extradition treaty.
On 22 June 1990, the Minister for Foreign Affairs signed a Treaty on Extradition Between Australia and the United Mexican States (the Treaty). A copy of the English text of the Treaty is set out in the Schedule to the Extradition (United Mexican States) Regulations (the Regulations).
Article 28, paragraph 1 of the Treaty provides for each contracting to notify the other in writing of the accomplishment of the procedure required for the entry into force of the Treaty and for the Treaty to enter into force on the day on which the Parties have provided such notification. Mexico has recently advised Australia that the processes necessary under its law to ratify the Treaty have been completed. Australia's requirement for entry into force of the Treaty is the making of Regulations applying the Act to Mexico subject to the Treaty.
Details of the Regulations are as follows:
Regulation 1 is a citation provision.
Regulation 2 provides for the Regulations to commence on 27 March 1991 (Mexico will be notified of the making of the Regulations on that date, in accordance with Article 28, paragraph 1).
Regulation 3 is an interpretation provision.
Regulation 4 declares Mexico to be an extradition country for the purposes of the Act.
Regulation 5 applies the Act to Mexico subject to the Treaty which is reproduced as a Schedule to the Regulations.
Overview
The Extradition (United Mexican States) Regulations 1991 were enacted to provide the necessary legal framework for the implementation of the Treaty on Extradition Between Australia and the United Mexican States, signed on 22 June 1990. These regulations were introduced under the authority of Section 55 of the Extradition Act 1988, enabling the Governor-General to make regulations to apply the Act to specified extradition countries. The primary objective of these regulations is to formalise the extradition process between the two nations, ensuring that it aligns with the provisions of the Treaty and the Extradition Act. The policy objective behind these regulations is to facilitate the cooperation between Australia and Mexico in combating crime by providing a structured legal basis for the extradition of individuals accused or convicted of crimes in either country.
The Extradition (United Mexican States) Regulations 1991 were made under the authority of the Australian Parliament, and they commenced on 27 March 1991. These regulations address the need to formalise and legalise the extradition process between Australia and Mexico, following the completion of the necessary domestic processes by Mexico to ratify the Treaty. By declaring Mexico as an extradition country under the Extradition Act and applying the Act to Mexico subject to the Treaty, the regulations create a clear and enforceable legal pathway for the extradition of individuals, thereby enhancing the effectiveness of international cooperation in criminal matters between the two nations.
Scope and Application
The Extradition (United Mexican States) Regulations 1991 No. 36 implement the Extradition Act 1988 in relation to extradition with the United Mexican States. Pursuant to the authority granted in section 55 of the Act, the regulations apply the Act to Mexico to give effect to the Treaty on Extradition Between Australia and the United Mexican States, signed on 22 June 1990. The regulations commence on 27 March 1991 and declare Mexico to be an extradition country for the purposes of the Act. Regulation 5 applies the Act to Mexico subject to the terms of the Treaty, which is set out in the Schedule to the regulations. The regulations have a national jurisdictional reach, applying across Australia to any person or entity subject to the Act in relation to extradition proceedings with Mexico. There are no stated exclusions, exemptions, or thresholds in the regulations themselves, although the Treaty and Act may contain such provisions. The application of the Act is extended through the regulations to facilitate the extradition process with Mexico in accordance with the bilateral treaty.
Key Provisions
The Extradition (United Mexican States) Regulations 1991, made under section 55 of the Extradition Act 1988, establish the legal framework for the extradition of individuals between Australia and Mexico. Regulation 2 specifies that the Regulations will come into effect on 27 March 1991, aligning with the Treaty on Extradition Between Australia and the United Mexican States, which entered into force on the same date. Regulation 4 designates Mexico as an extradition country, thereby integrating it into the scope of the Act. Regulation 5 formally applies the Act to Mexico, subject to the provisions of the Treaty, which is detailed in the Schedule to the Regulations.
These Regulations impose several obligations on the parties involved. Firstly, they mandate that the Act will apply to Mexico in a manner consistent with the Treaty, ensuring that extradition requests and processes are governed by the agreed-upon terms. Furthermore, Regulation 3 provides necessary definitions and interpretations to ensure clarity and uniformity in the application of the Regulations. The Regulations also require that any extradition requests from Mexico must comply with the Act and the Treaty, ensuring that all legal standards are met and that the extradition process is conducted in a lawful and transparent manner.
Failure to comply with the obligations outlined in the Extradition (United Mexican States) Regulations 1991 can result in various legal consequences. While the Regulations themselves do not specify detailed penalties, any breaches of the Extradition Act 1988 may lead to civil or criminal liability. For instance, if an extradition request is found to be improperly processed or if the terms of the Treaty are violated, the parties involved could face legal action. Additionally, any individual who evades extradition by fraudulent means could be subject to prosecution under the Act, potentially facing imprisonment or fines as stipulated by the overarching legislation. These potential consequences underscore the importance of adhering to the Regulations and the Treaty in the extradition process between Australia and Mexico.