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EXTRADITION (CZECH REPUBLIC) REGULATIONS 2007 (SLI NO 247 OF 2007)
Select Legislative Instrument 2007 No. 247
Issued by the authority of the Minister for Justice and Customs
Extradition Act 1988
Extradition (Czech Republic) Regulations 2007
Section 55 of the Extradition Act 1988 (the Act) provides, in part, that the Governor‑General may make regulations, not inconsistent with the Act, 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.
Section 5 of the Act defines an ‘extradition country’ to include a country that is declared by the 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 establish extradition arrangements with Czech Republic under regulations for that specific purpose, enabling Australia to consider extradition requests received from Czech Republic. Australia did not have an extradition relationship with Czech Republic prior to the Regulations being made.
The Act applies the modern ‘no evidence’ extradition procedure. Under this procedure countries are not required to present evidence establishing a prima facie case against the person sought in the extradition request.
Extradition to Czech Republic under the Regulations operates in accordance with the Act, subject to a modification, namely that following the provisional arrest of a person, the arrested person may apply to a magistrate for release after 60 days if a request for his or her extradition has not been received. The standard period under the Act is 45 days. Modification to apply a 60 day period is common and has been included in extradition agreements with Brazil, Canada, Chile, Hungary, Lithuania, Mexico, Paraguay, South Korea, the United Kingdom and the United States.
Extradition under the Regulations is subject to the various safeguards set out in the Act. For example, extradition would not be permitted where the fugitive was sought for or in connection with her or his race, religion, nationality or political opinions or would be tried, sentenced or detained for a political or military offence. In addition, the Attorney-General would retain a broad discretion to refuse an extradition request by Czech Republic in any particular case.
This action is consistent with the provisions of the Act. Similar ‘non-treaty Regulations’ currently provide that the Act applies to Cambodia, Canada, Croatia, Commonwealth countries, Denmark, Estonia, Fiji, Iceland, Japan, Jordan, Kyrgyzstan, Latvia, Lebanon, Lithuania, Marshall Islands, Slovenia, Thailand and the United Kingdom.
The Department of Foreign Affairs and Trade, the Australian Federal Police and the Commonwealth Director of Public Prosecutions were consulted concerning the proposed Regulations. All agencies supported the proposed Regulations being made, except the Commonwealth Director of Public Prosecutions which had no comment on the proposal.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commenced on the day after their
registration on the Federal Register of Legislative Instruments.