Commonwealth Numbered Regulations - Explanatory Statements

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EXTRADITION (KINGDOM OF CAMBODIA) AMENDMENT REGULATIONS 2004 (NO. 1) 2004 NO. 14

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.

Section 5 of the Act defines an 'extradition country' as including a country that is declared by regulations to be an extradition country. Paragraph 11(1)(b) of the Act provides that the Regulations may make provision for application of the Act subject to certain limitations, conditions, exceptions or qualifications.

The purpose of the Regulations is to extend the operation of the Extradition (Kingdom of Cambodia) Regulations 2003 (the Principal Regulations), under which Australia is enabled to deal with any extradition request received from Cambodia. This is achieved by removing regulation 9 from the Principal Regulations. Regulation 9 provides that the Principal Regulations will cease to have effect at the end of the day twelve months after they commence. The Principal Regulations commenced on 13 March 2003, and would therefore have ceased to have effect at the end of 13 March 2004.

The removal of regulation 9 will enable the Principal Regulations to continue to operate. This will allow the Government to consider extradition requests from Cambodia beyond 13 March 2004.

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

The Regulations commence on gazettal.