EXPLANATORY STATEMENT

Select Legislative Instrument 2009 No. 281

Issued by the authority of the Minister for Home Affairs

Extradition Act 1988

Extradition (Macedonia) Amendment Regulations 2009 (No. 1)

 

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.

 

The Extradition (Macedonia) Regulations 2009 (the Principal Regulations) declare the former Yugoslav Republic of Macedonia to be an extradition country for the purpose of the Act. Australia’s policy is to use the interim United Nations name of the ‘former Yugoslav Republic of Macedonia’ in all correspondence and dealings. However, due to an administrative oversight, the Principal Regulations abbreviated references to the former Yugoslav Republic of Macedonia to ‘Macedonia’.

 

The Regulations replace all references to ‘Macedonia’ in the Principal Regulations with the ‘former Yugoslav Republic of Macedonia’ in line with Australian policy. The Regulations make no changes to the substance of the Principal Regulations.

Consultation was undertaken with the Department of Foreign Affairs and Trade, who supported the making of the Regulations. Further consultation was unnecessary for this legislative instrument as this instrument does not substantially alter existing arrangements and has no direct or indirect effect on business.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.