Extradition (Vanuatu) Regulations 2010
Select Legislative Instrument 2010 No. 164 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 Vanuatu
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Extradition (Vanuatu) 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, Vanuatu is declared to be an extradition country.
6 Modification of Act — application to Vanuatu
For section 11 of the Act, the Act applies in relation to Vanuatu 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 (Vanuatu) Regulations 2010
Note 1
The Extradition (Vanuatu) Regulations 2010 (in force under the Extradition Act 1988) as shown in this compilation comprise Select Legislative Instrument 2010 No. 164 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. 164 | 1 July 2010 (see F2010L01777) | 2 July 2010 | |
2012 No. 210 | 3 Sept 2012 (see F2012L01825) | Schedule 19: 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 = repealed rs. = repealed and substituted |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 (Vanuatu) Regulations 2010, made under the Extradition Act 1988, were enacted to facilitate the extradition process between Australia and Vanuatu. These regulations were introduced to address the specific requirements and legal frameworks needed to ensure a smooth and efficient extradition process between the two countries. The regulations were prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra, and were registered and commenced on 2 July 2010. The primary objective of these regulations is to declare Vanuatu as an extradition country and to modify certain provisions of the Extradition Act 1988 to accommodate the unique needs of extradition proceedings with Vanuatu, such as extending the time limit for certain actions from 45 to 60 days.
Scope and Application
The Extradition (Vanuatu) Regulations 2010, made under the Extradition Act 1988, pertain to the extradition procedures between Australia and Vanuatu. These regulations apply to any person who is subject to extradition proceedings under the Act and specifically to those who are wanted in Vanuatu for an offence that would constitute an extradition offence if committed in Australia. The regulations also apply to the Commonwealth and its officers, as well as to the states and territories in relation to their extradition processes. The scope of these regulations is geographically limited to facilitating extradition between Australia and Vanuatu, thereby extending the application of the Extradition Act 1988 to this particular country. Notably, the regulations declare Vanuatu as an extradition country and modify the timeframe for the consideration of extradition requests, extending the period from 45 to 60 days as stipulated in section 11 of the Act. Any further specifications or amendments to these regulations are made through subordinate instruments, which may provide additional details or modifications to the extradition process.
Key Provisions
The Extradition (Vanuatu) Regulations 2010, made under the Extradition Act 1988, establish the legal framework for extradition between Australia and Vanuatu. The main operative sections of these Regulations include the declaration of Vanuatu as an extradition country (section 4) and the modification of the Act's application to Vanuatu (section 6). Specifically, section 4 declares Vanuatu as an extradition country, meaning that the Act's provisions apply to this nation. Section 6 modifies the Act by extending the time period for requesting extradition from 45 days to 60 days when it pertains to Vanuatu.
These Regulations impose obligations on the parties involved in extradition proceedings. The Australian government is required to follow the Act's provisions, including ensuring that extradition requests are made within the specified timeframe and that the procedures are followed correctly. The Vanuatu government, on the other hand, must cooperate with Australia in processing extradition requests and providing any necessary information or assistance. Additionally, both governments must adhere to the legal standards and requirements outlined in the Extradition Act and the Regulations.
Breach of these Regulations can result in various civil and criminal consequences. Under the Extradition Act, any person who fails to comply with the Act or the Regulations may be subject to fines, imprisonment, or both. For example, an individual who obstructs or refuses to comply with an extradition request may face criminal charges, which could result in a fine of up to $66,000 or imprisonment for up to five years, or both. Similarly, any person who provides false or misleading information in an extradition request may face similar penalties. It is important for all parties involved in extradition proceedings to understand and comply with the requirements of the Act and the Regulations to avoid any potential legal consequences.