Commonwealth Numbered Regulations - Explanatory Statements

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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.

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