EXPLANATORY STATEMENT

Select Legislative Instrument 2010 No. 289

Issued by the authority of the Minister for Home Affairs

Extradition Act 1988

Extradition (Torture) Amendment Regulations 2010 (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.

Subsection 11(1A) of the Act provides that the regulations may provide that the Act applies in relation to a specified extradition country subject to the limitations, conditions, exceptions or qualifications as are necessary to give effect to a multilateral extradition treaty in relation to the country. Subsection 11(1C) provides that this may be achieved by applying the Act to the country subject to the treaty.

Australia is party to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 (the Convention). The Extradition (Torture) Regulations 2009 (the Principal Regulations) ensure Australia is able to meet its international obligations under the Convention by declaring that a country, or a colony, territory or protectorate of a country for which the Convention is in force is an ‘extradition country’ for the purposes of section 5 of the Act, and that the Act applies subject to the Convention for those countries that are a party to the Convention.

Regulation 4 of the Principal Regulations defines terms used in the Principal Regulations.  Regulation 4 defines the term ‘Convention’ to have the same meaning as in the Crimes (Torture) Act 1988. A note to regulation 5 states that the text of the Convention appears in the Schedule to the Crimes (Torture) Act. However, the Crimes (Torture) Act was repealed by the Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act 2010.

The Regulations amend the definition of ‘Convention’ in the Principal Regulations to provide that ‘Convention’ means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly of the United Nations at New York on 10 December 1984. The Regulations also state that the text of the Convention is accessible through the Australian Treaties Library on the AustLII website.

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.

 

ATTACHMENT

 

Details of the Extradition (Torture) Amendment Regulations 2010 (No. 1)

 

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Extradition (Torture) Amendment Regulations 2010 (No. 1).

 

Regulation 2 – Commencement

 

This regulation provides that the Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.

 

Regulation 3 – Amendments to the Extradition (Torture) Regulations 2009

 

This regulation provides that Schedule 1 amended the Extradition (Torture) Regulations 2009 to provide an updated definition of the term ‘Convention’ and to substitute text in the note to regulation 5, which indicates where to access the text of the Convention.