EXPLANATORY STATEMENT

 

 

Select Legislative Instrument 2008 No. 164

 

Issued by the authority of the Minister for Home Affairs

 

Extradition Act 1988

 

Extradition (Commonwealth Countries) Amendment Regulations 2008 (No. 1)

 

 

Section 55 of Extradition Act 1988 (the Act) provides that the Governor‑General may make regulations, not inconsistent with the Act, prescribing 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. Section 5 of the Act defines an ‘extradition country’ to include a country that is declared by regulations to be an extradition country.

 

The Extradition (Commonwealth Countries) Regulations 1998 (the Principal Regulations) declares each of the countries, colonies, territories and protectorates specified in the Schedule to the Principal Regulations to be an extradition country for the purpose of the Act.

 

The Extradition (Malaysia) Regulations 2006 (the Malaysia Regulations) give effect in Australian domestic law to the Treaty on Extradition between the Government of Australia and the Government of Malaysia and the Exchange of Notes between Australia and Malaysia on the Treaty on Extradition. The Malaysia Regulations, which commenced on 28 December 2006, declare Malaysia to be an extradition country for the purposes of the Act.

 

Due to an oversight, Malaysia was not removed from the Schedule to the Principal Regulations when the Malaysia Regulations came into effect. Malaysia was therefore declared to be an extradition country in both the Principal Regulations and the Malaysia Regulations.

 

The Regulations remove Malaysia from the extradition countries listed in the Schedule to the Principal Regulations and make other minor amendments to the Principal Regulations. Australia’s extradition relationship with Malaysia will continue to be governed by the Malaysia Regulations.

 

The Regulations also replace the reference to ‘Western Samoa’ in the Schedule to the Principal Regulations with ‘Samoa’. This reflects a change in the country’s Constitution in July 1997 to change the country’s name from Western Samoa to Samoa. The Regulations also make minor technical amendments to change references to ‘the Schedule’ in the Principal Regulations to refer to ‘Schedule 1’. These amendments reflect a change in drafting practice and have no substantive effect.

 

Consultation was not necessary for this legislative instrument as it is minor in nature and does not substantially alter existing arrangements.

 

The Regulations commenced on the day after they were registered.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.