Commonwealth Numbered Regulations - Explanatory Statements

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

EXTRADITION (SHIPS AND FIXED PLATFORMS) REGULATION 1993 NO. 86

Statutory Rules 1993 No. 86

Issued by the Authority of the Attorney-General

Extradition Act 1988

Extradition (Ships and Fixed Platforms) Regulation

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 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (the Convention) and the related Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf (the Protocol), the texts of which are set out in Schedules 1 and 2 to the Crimes (Ships and Fixed Platforms) Act 1992. That Act implements Australia's obligations under the Convention and the Protocol to make provision in relation to certain crimes against the safety of ships and of fixed platforms.

Australia's instruments of accession to the Convention and Protocol were lodged with the International Maritime Organisation on 19 February 1993. Both the Convention and the Protocol will enter into force for Australia on the ninetieth day after the deposit of the instruments of accession, that is, on Thursday 20 May 1993.

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

The Regulations apply the Act to all countries listed in the Schedules, being States Parties to the Convention and Protocol respectively, so as to permit extradition for Convention and Protocol offences.

Details of the Regulations are set out in the Attachment.

ATTACHMENT

Details of the Regulations

Regulation 1 is a citation provision.

Regulation 2 provides for commencement of the Regulations. The formal parts of the Regulations will commence on gazettal. The Crimes (Ships and Fixed Platforms) Act 1992 clearly distinguishes between commencement dates for the Part 2 Convention provisions and the Part 3 Protocol provisions. These split commencement dates are also reflected in the Regulations.

Subregulation 2 (1) provides that those parts of the Regulations relating to the Convention will commence on the day on which Part 2 of the Crimes (Ships and Fixed Platforms) Act 1992 commences. It is proposed to proclaim that Part to commence on 20 May 1993 so as to coincide with Australia becoming a party to the Convention.

Subregulation 2 (2) provides that those parts of the Regulations relating to the Protocol will commence on the day on which Part 3 of the Crimes (Ships and Fixed Platforms) Act 1992 commences. It is proposed to proclaim that Part to commence on 20 May 1993 so as to coincide with Australia becoming a party to the Protocol.

Regulation 3 is an interpretation provision.

Regulation 4 declares each of the countries listed in Schedule 1 to be an extradition country. (Schedule 1 lists the countries, other than Australia, that have ratified the Convention).

Regulation 5 declares each of the countries listed in Schedule 2 to be an extradition country. (Schedule 2 lists the countries, other than Australia, that have ratified the Protocol).

Subregulation 6 (1) applies the Act to all countries specified in Schedule 1 subject to the limitations, conditions, exceptions and qualifications set out in Articles 7, 10 and 11 of the Convention. Those Articles impose an obligation on Australia to extradite to other States Parties for Convention offences.

Subregulation 6 (2) puts into effect Article 11 of the Convention which has the effect of providing, in part, 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 6 (3) ensures that, irrespective of subregulation 6(2), all the countries specified in Schedule 1 are subject to subregulation 6(1).

Subregulation 7 (1) applies the Act to all countries specified in Schedule 2 subject to the limitations, conditions, exceptions and qualifications set out in Article 1 of the Protocol. Article 1 provides that articles 5 and 7 and articles 10 to 16 of the Convention also apply mutatis mutandis to the Protocol offences, and hence imposes an obligation on Australia to extradite to other States Parties for Protocol offences.

Subregulation 7 (2) puts into effect Article 1 of the Protocol, which provides, in part, that Australian law governs the handling of extradition requests made to Australia under the Protocol for those countries with which Australia has pre-existing extradition relationships.

Subregulation 7 (3) ensures that, irrespective of subregulation 7(2), all the countries specified in Schedule 2 are subject to subregulation 7(1).