{"id":"F2004B00190","name":"Extradition (Canada) Regulations 2004","slug":"extradition-canada-regulations-2004","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"167 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31299,"registerId":"commonwealth-F2004B00190-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Extradition (Canada) Regulations 2004","content":"![Commonwealth Coat of Arms](image.001.png)\n\nExtradition (Canada) Regulations 2004\n\nStatutory Rules 2004 No. 167 as amended\n\nmade under the\n\nExtradition Act 1988\n\nThis compilation was prepared on 20 September 2012 \ntaking into account amendments up to SLI 2012 No. 210\n\nPrepared by the Office of Legislative Drafting and Publishing, \nAttorney-General’s Department, Canberra\n\nContents\n\n1 Name of Regulations \\[see Note 1\\]\n\n2 Commencement \\[see Note 1\\]\n\n3 Definition\n\n4 Declaration that Canada is an extradition country\n\n6 Application of the Act in relation to Canada\n\nNotes\n\n1 Name of Regulations \\[see Note 1\\]\n\nThese Regulations are the Extradition (Canada) Regulations 2004.\n\n2 Commencement \\[see Note 1\\]\n\nThese Regulations commence on the date of their notification in the Gazette.\n\n3 Definition\n\nIn these Regulations:\n\n> Act means the Extradition Act 1988.\n\n4 Declaration that Canada is an extradition country\n\nCanada is declared to be an extradition country.\n\n6 Application of the Act in relation to Canada\n\nFor the purposes of the application of the Act in relation to Canada and:\n\n(a) relying on paragraph 11 (1) (b) and subsection 11 (2) of the Act, paragraph 17 (2) (a) of the Act is modified by omitting ‘45 days’ and substituting ‘60 days’; and\n\n(b) relying on paragraph 11 (1) (b) of the Act, in addition to the supporting documents within the meaning of paragraph 19 (2) (a) of the Act, a statement of the identity, nationality and physical description of the person is required to be produced to a magistrate for the purposes of subsection 19 (1) of the Act.\n\n> Notes to the Extradition (Canada) Regulations 2004\n\n> Note 1\n\n> Note: The Extradition (Canada) Regulations 2004 (in force under the Extradition Act 1988) as shown in this compilation comprise Statutory Rules 2004 No. 167 amended as indicated in the Tables below.\n\n> Note: > Note: Table of Instruments\n\n| Year andNumber | Date of notificationin Gazette or FRLI registration | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | --------------------------------------------------- | ----------------------------------- | --------------------------------------------- |\n| 2004 No. 167 | 1 July 2004 | 1 July 2004 | |\n| 2012 No. 210 | 3 Sept 2012 (see F2012L01825) | Schedule 3: 20 Sept 2012 (see s. 2) | — |\n\n> Note: > Note: Table of Amendments\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

R. 5..................

rep. 2012 No. 210

\n```","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument narrowly changes the application of the Extradition Act in relation to Canada: it extends the 45‑day time period in paragraph 17(2)(a) to 60 days and adds a requirement to produce a statement of identity, nationality and physical description with the supporting documents for subsection 19(1) (see reg 6(a) and 6(b)). It does not amend substantive extradition obligations, only procedural timing and documentation for Canadian cases."},"complexity_factors":["Direct cross‑references to multiple provisions of the Extradition Act (paragraphs 11(1)(b), 11(2), 17(2)(a), 19(1) and 19(2)(a)) create interpretive dependency on the Act's text.","Modification of a statutory time limit (45 days → 60 days) requires procedural adjustment by agencies and courts (see reg 6(a)).","Addition of a specific evidentiary requirement (statement of identity, nationality and physical description) imposes a modest documentary burden on requesting authorities and magistrates (see reg 6(b)).","The instrument is declaratory in part (declaring Canada an extradition country — reg 4), so its effect depends on interplay with existing Act powers and procedures.","Administrative history note: a regulation item (r. 5) was repealed by 2012 amendment, indicating limited past drafting changes that may affect legacy references."],"plain_english_summary":"These Regulations declare Canada an extradition country under the Extradition Act 1988 and change two procedural rules that apply when extradition involves Canada. Mechanically, they lengthen a 45‑day statutory time limit to 60 days and require that, in addition to other supporting documents, a statement of the person’s identity, nationality and physical description be produced to a magistrate. The changes affect magistrates, prosecutors and persons subject to extradition by altering timing and documentary requirements for Canadian cases."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: establishing the specific procedural framework for extradition between Australia and Canada. The 2012 amendment merely repealed regulation 5 (likely a transitional or technical provision), without expanding the scope beyond the original intent of facilitating extradition between the two countries."},"complexity_factors":["Very short instrument (only 6 regulations, with regulation 5 repealed)","Only 1 defined term ('Act')","Minimal cross-referencing (only references to specific sections of the Extradition Act 1988)","Simple conditional logic (only two specific modifications to the Act's application)","No nested exceptions or complex procedural requirements","Straightforward declarative structure (declaring Canada as extradition country, then specifying two modifications)"],"plain_english_summary":"These regulations set out the specific rules for extraditing people between Australia and Canada. Extradition is the legal process where one country hands over a person to another country to face criminal charges or serve a sentence.\n\n**What this does:**\n- **Declares Canada as an 'extradition country'** — this means Australia officially recognises Canada as a country it can extradite people to and from under the Extradition Act 1988.\n- **Changes a deadline** — Normally, when someone is arrested for extradition, the requesting country has 45 days to provide supporting documents. For Canada, this is extended to **60 days**.\n- **Adds extra paperwork requirements** — When Canada requests someone's extradition, they must provide a statement about the person's identity, nationality, and physical description (on top of the usual documents).\n\n**Who it affects:**\n- People in Australia who are wanted by Canadian authorities for alleged crimes\n- Australian authorities handling extradition requests from Canada\n- Canadian authorities seeking to extradite someone from Australia\n\n**Why it matters:**\nThis creates a streamlined but slightly customised process for Australia-Canada extraditions. The extra 15 days and additional identity documentation reflect practical arrangements between the two countries, likely accounting for distance, administrative processes, or treaty requirements."}},"importantCases":[],"_links":{"self":"/api/acts/extradition-canada-regulations-2004","history":"/api/acts/extradition-canada-regulations-2004/history","analysis":"/api/acts/extradition-canada-regulations-2004/analysis","conflicts":"/api/acts/extradition-canada-regulations-2004/conflicts","importantCases":"/api/acts/extradition-canada-regulations-2004/important-cases","documents":"/api/acts/extradition-canada-regulations-2004/documents"}}