Commonwealth Numbered Regulations - Explanatory Statements

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Statutory Rules 1993 No. 308

Issued by the Authority of the Minister for Justice

Extradition Act 1988

Extradition (Republic of Venezuela) 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 Venezuela was signed at Caracas on 11 October 1988. On 19 November 1992, the Republic of Venezuela notified Australia, in accordance with Article 24 of the Treaty, that its domestic requirements for the Treaty's entry into force had been satisfied. The Regulations enable Australia to give domestic effect to the Treaty. The Treaty enters into force 30 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. A note will be provided to Venezuela on 19 November 1993, 30 days before the Regulations commence and the Treaty enters into force, notifying Venezuela that Australia's requirements for the Treaty's entry into force have been complied with.

The Regulations apply the Act to the Republic of Venezuela 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 19 December 1993 which is the date the Treaty comes into effect between Australia and the Republic of Venezuela.

Regulation 3 is an interpretation provision.

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

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

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