Commonwealth Numbered Regulations - Explanatory Statements

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Statutory Rules 1995 No. 402

Issued by the Authority of the Attorney-General

Extradition Act 1988

Extradition (Republic of Chile) 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 or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Paragraph 11 (1)(a) of the Act provides that regulations may apply the Act to a specified extradition country subject to such limitations, conditions, exceptions, or qualifications as are necessary to give effect to a bilateral extradition treaty between Australia and that country, being a treaty a copy of which is set out in the regulations.

An extradition treaty between Australia and the Republic of Chile was signed at Canberra on 6 October 1993. The Treaty is similar to the Australian Model Extradition Treaty. It contains all the internationally accepted human rights safeguards in the field of extradition. The Treaty will not allow the extradition of persons for offences attracting the death penalty. In addition, the Treaty allows Australia to refuse extradition of a person to Chile for political offences, offences attracting cruel or unusual punishments, or where it would be incompatible with humanitarian considerations.

The Regulations will enable Australia to give domestic effect to the Treaty. The Treaty enters into force thirty days after the Contracting States have notified each other that they have complied with their respective requirements for the entry into force of the Treaty. On 28 September 1995, the Republic of Chile notified Australia, in accordance with Article 23 of the Treaty, that its domestic requirements for the Treaty's entry into force had been satisfied. A note will be provided to Chile on 14 December 1995, thirty days before the Regulations commence and the Treaty enters into force, notifying Chile that Australia's requirements for the Treaty's entry into force have been complied with.

The Regulations will apply the Act to the Republic of Chile 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 13 January 1996 which is the date the Treaty comes into effect between Australia and the Republic of Chile.

Regulation 3 is an interpretation provision.

Regulation 4 declares the Republic of Chile to be an extradition country.

Regulation 5 applies the Act to the Republic of Chile subject to the Treaty, the English language text of which is reproduced as a Schedule to the Regulations.

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