{"id":"F2009L02133","name":"Extradition (Aviation) Regulations 2009","slug":"extradition-aviation-regulations-2009","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"92 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":140253,"registerId":"commonwealth-F2009L02133-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Extradition (Aviation) Regulations 2009","content":"![](image.001.png)\n\nExtradition (Aviation) Regulations 20091\n\nSelect Legislative Instrument 2009 No. 92\n\nI, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Extradition Act 1988.\n\nDated 4 June 2009\n\nQUENTIN BRYCE\n\nGovernor-General\n\nBy Her Excellency’s Command\n\nBOB DEBUS\n\nMinister for Home Affairs\n\n1 Name of Regulations\n\nThese Regulations are the Extradition (Aviation) Regulations 2009.\n\n2 Commencement\n\nThese Regulations commence on the day after they are registered.\n\n3 Repeal\n\nThe Extradition (Aviation) Regulations are repealed.\n\n4 Definitions\n\nIn these Regulations:\n\n> Act means the Extradition Act 1988.\n\n> Hague Convention has the same meaning as in the Crimes (Aviation) Act 1991.\n\n> Montreal Convention has the same meaning as in the Crimes (Aviation) Act 1991.\n\n> Protocol has the same meaning as in the Crimes (Aviation) Act 1991.\n\n5 Extradition countries — Hague Convention\n\nFor the definition of extradition country in section 5 of the Act, a country, or a colony, territory or protectorate of a country, for which the Hague Convention is in force is an extradition country.\n\n> Note 1 For when the Hague Convention enters into force for a State, see Article 13 of the Convention in Schedule 1 to the Crimes (Aviation) Act 1991.\n\n> Note 2 The countries for which the Hague Convention is currently in force are listed on the International Civil Aviation Organization website at http://www.icao.int.\n\n6 Extradition countries — Montreal Convention\n\nFor the definition of extradition country in section 5 of the Act, a country, or a colony, territory or protectorate of a country, for which the Montreal Convention is in force is an extradition country.\n\n> Note 1 For when the Montreal Convention enters into force for a State, see Article 15 of the Convention in Schedule 2 to the Crimes (Aviation) Act 1991.\n\n> Note 2 The countries for which the Montreal Convention is currently in force are listed on the International Civil Aviation Organization website at http://www.icao.int.\n\n7 Extradition countries — Protocol\n\nFor the definition of extradition country in section 5 of the Act, a country, or a colony, territory or protectorate of a country, for which the Protocol is in force is an extradition country.\n\n> Note 1 For when the Protocol enters into force for a State, see Article VII of the Protocol in Schedule 3 to the Crimes (Aviation) Act 1991.\n\n> Note 2 The countries for which the Protocol is currently in force are listed on the International Civil Aviation Organization website at http://www.icao.int.\n\n8 Application of the Act — Hague Convention\n\nThe Act applies, subject to the Hague Convention, to an extradition country mentioned in regulation 5.\n\n9 Application of the Act — Montreal Convention\n\nThe Act applies, subject to the Montreal Convention, to an extradition country mentioned in regulation 6.\n\n10 Application of the Act — Protocol\n\nThe Act applies, subject to the Protocol, to an extradition country mentioned in regulation 7.\n\n> Note\n\n> Note: 1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Regulation 3 repeals the previous Extradition (Aviation) Regulations and replaces them with a regime that defines \"extradition country\" specifically by reference to States for which the Hague Convention, Montreal Convention or the Protocol are in force (regs 5–7) and makes the Extradition Act apply to those countries subject to the conventions (regs 8–10). This shifts scope from the prior instrument to a treaty‑linked, externally‑verified list of States and imposes interaction between domestic extradition rules and those international instruments."},"complexity_factors":["Regulation 3 repeals the prior Extradition (Aviation) Regulations, altering regulatory baseline and requiring practitioners to check the new text rather than rely on the old instrument.","Definitions (regulation 4) cross‑reference the Extradition Act 1988 and the Crimes (Aviation) Act 1991 (for meanings of Hague Convention, Montreal Convention, Protocol), creating layered statutory interpretation duties.","Regulations 5–7 tie the statutory category \"extradition country\" to whether each treaty instrument is \"in force\" for a State, so operational scope depends on treaty-entry dates in the schedules to the Crimes (Aviation) Act 1991.","Notes in regs 5–7 point users to an external source (ICAO website) for the current list of States, creating an implementation dependency on an external, non‑legislative record.","Regulations 8–10 make application of the Extradition Act conditional on each convention (\"subject to\"), so domestic extradition procedures must be read alongside international obligations, increasing interpretive complexity.","Commencement (regulation 2) is immediate (day after registration), requiring quick operational updates by enforcement and legal actors."],"plain_english_summary":"This instrument repeals the prior Extradition (Aviation) Regulations and specifies that, for the Extradition Act 1988, a country (or its colony/territory/protectorate) is an \"extradition country\" for aviation offences if the Hague Convention, the Montreal Convention or the Protocol is in force for that State. The Extradition Act is declared to apply to those countries \"subject to\" the terms of the relevant convention. It affects Australian officials, courts and foreign states involved in aviation-related extradition, and relies on treaty-entry records kept by ICAO and on the Crimes (Aviation) Act 1991."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations maintain their original narrow purpose: designating aviation treaty parties as extradition countries. No expansion beyond this specific technical function."},"complexity_factors":["Only 4 defined terms, all referencing external legislation","No conditional logic or nested exceptions","Straightforward declaratory structure (regulations 5-7 declare countries; regulations 8-10 apply the Act)","Minimal cross-referencing limited to definitions and external treaties","Total length: 10 short regulations plus notes","No procedural requirements or administrative mechanisms established"],"plain_english_summary":"These regulations allow Australia to treat countries that have signed three major aviation treaties (hijacking, aircraft sabotage, and airport violence) as “extradition countries” under domestic law, so suspects can be handed over even without a bilateral treaty. It affects people accused of serious aviation crimes, the treaty parties, and Australian courts and law enforcement — closing a cross‑border loophole and making it easier to prosecute terrorists and other offenders who target aircraft or airports."}},"importantCases":[],"_links":{"self":"/api/acts/extradition-aviation-regulations-2009","history":"/api/acts/extradition-aviation-regulations-2009/history","analysis":"/api/acts/extradition-aviation-regulations-2009/analysis","conflicts":"/api/acts/extradition-aviation-regulations-2009/conflicts","importantCases":"/api/acts/extradition-aviation-regulations-2009/important-cases","documents":"/api/acts/extradition-aviation-regulations-2009/documents"}}