Commonwealth Numbered Regulations - Explanatory Statements

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EXTRADITION (TURKEY) REGULATIONS 2003 2003 NO. 228

STATUTORY RULES 2003 No. 228

Issued by the Authority of the Minister for Justice and Customs

Extradition Act 1988

Extradition (Turkey) Regulations 2003

Section 55 of the Extradition Act 1988 (the Act) provides that the Governor-General may make regulations, not inconsistent with. the Act, prescribing all matters that are required or permitted by the Act to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act. An 'extradition country' is defined in section 5 of the Act as including a country that is declared by the regulations to be an extradition country. Paragraph 11(1)(a) of the Act provides that regulations may state that the Act applies in relation 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

The Regulations give effect in Australian domestic law to the Treaty on Extradition between Australia and the Republic of Turkey, done at Canberra on 3 March 1994 (the Treaty), and to a supplementary Exchange of Notes, done at Ankara on 27 and 28 March 1995 (the Exchange of Notes). The Exchange of Notes constitutes an agreement between the parties to correct an error in the Treaty, and to agree an interpretation of the Treaty as corrected.

The Joint Standing Committee on Treaties approved the Treaty in Report 10, tabled in September 1997.

Under Article 17 of the Treaty, the Treaty enters into force on the thirtieth day after both parties have notified each other in writing that their respective constitutional requirements for entry into force have been complied with. The Exchange of Notes is expressed to enter into force simultaneously with the Treaty. Turkey has notified Australia that its domestic constitutional requirements for the Treaty's entry into force have been complied with. Australia's requirement for the Treaty's entry into force is the making of the Regulations. Turkey will be notified on 17 October 2003 that Australia's requirements for the Treaty's entry into force have been complied with and the Treaty will enter into force on 16 November 2003. Accordingly, 16 November 2003 is also the commencement date of the Regulations.

As with all of Australia's extradition treaties, the Treaty with Turkey contains all of the internationally accepted human rights safeguards which are now a part of modern extradition. Under the Treaty, extradition will not be permitted where the fugitive is sought, or would be prejudiced, on account of his or her race, religion, nationality or political opinions or would be tried, sentenced or detained for a political or military law offence. In addition, extradition may be refused on the ground that it is prohibited by the law of the requested party by reason of the kind of punishment to which the person sought may be subject.

The Act specifies no conditions that need to be met before the power to make the proposed Regulations may be exercised.