Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

EXTRADITION (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES)REGULATIONS 1992 NO. 403

Statutory Rules 1992 No. 403

Issued by the Authority of the Minister of State for Justice

Extradition Act 1988

Extradition (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations

Section 55 of the Extradition Act 1988 (the Act) provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed. Subsection 11(1A) of the Act provides that regulations may apply the Act in relation to specific extradition countries to give effect to a multilateral extradition treaty.

The Regulations enable Australia to fulfil its extradition obligations pursuant to the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (the Convention), the text of which is set out in the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990.

Australia's instrument of ratification of the Convention was deposited with the United Nations on 16 November 1992. The Convention will enter into force for Australia on the ninetieth day after the deposit of the instrument of ratification, that is, on Sunday 14 February 1993.

Australia's obligations under the Convention include obligations to extradite, in certain circumstances, persons accused of offences listed in the Convention.

The Regulations apply the Act to all countries listed in the Schedule, being State Parties to the Convention, so as to permit extradition for convention offences.

Details of the Regulations are as follows.

Regulation 1 is a citation provision.

Regulation 2 provides that the Regulations will commence on the day on which the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 commences. It is proposed to proclaim that Act to commence on 14 February 1993 so as to coincide with Australia becoming a party to the Convention.

Regulation 3 is an interpretation provision.

Regulation 4 declares each of the countries listed in the Schedule to be an extradition country. (The Schedule lists the countries, other than Australia, that have ratified the Convention).

Subregulation 5 (1) applies the Act to all countries specified in the Schedule subject to the limitations, conditions, exceptions and qualifications set out in Article 6 of the Convention. Article 6 imposes an obligation on Australia to extradite to other State Parties for Convention offences.

Subregulation 5 (2) puts into effect paragraph 5 of Article 6 of the Convention, which provides, in effect, that Australian law governs the handling of extradition requests made to Australia under the Convention for those countries with which Australia has pre-existing extradition relationships.

Subregulation 5 (3) ensures that, irrespective of subregulation 5(2), all the countries specified in the Schedule are subject to subregulation 5(1).