{"id":"F2013L00214","name":"Extradition (Cybercrime) Regulation 2013","slug":"extradition-cybercrime-regulation-2013","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"3 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437778,"registerId":"F2013L00214-fast-fetch-1775954487866","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Extradition (Cybercrime) Regulation 2013","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms](image.001.png)\n\nExtradition (Cybercrime) Regulation 2013\n\n \n\n \n\nSelect Legislative Instrument No. 3, 2013\n\nI, Quentin Bryce, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Extradition Act 1988.\n\nDated   14 February 2013\n\nQuentin Bryce\n\nGovernor‑General\n\nBy Her Excellency’s Command\n\nMark Dreyfus\n\nAttorney‑General\n\n \n\n \n\n \n\n \n\nContents\n\n1 Name of regulation\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 Extradition countries\n\n6 Application of Act in relation to extradition countries\n\n \n\n1  Name of regulation\n\n  This regulation is the Extradition (Cybercrime) Regulation 2013.\n\n2  Commencement\n\n  This regulation commences on 1 March 2013.\n\nNote: The commencement day is the day the Convention enters into force for Australia.\n\n3  Authority\n\n  This regulation is made under the Extradition Act 1988.\n\n4  Definitions\n\n  In this regulation:\n\nAct means the Extradition Act 1988.\n\nConvention means the Council of Europe Convention on Cybercrime, done at Budapest on 23 November 2001.\n\nNote: In 2013, the text of the Convention was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n5  Extradition countries\n\n  For the definition of extradition country in section 5 of the Act, a country for which the Convention is in force is an extradition country.\n\nNote 1:  Articles 36 and 37 of the Convention set out when the Convention enters into force for a country.\n\nNote 2: In 2013, a list of the countries for which the Convention was in force was on the Council of Europe website (http://hub.coe.int/).\n\n6  Application of Act in relation to extradition countries\n\n  For subsection 11(1A) of the Act, the Act applies, subject to the Convention, to an extradition country mentioned in section 5.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: implementing the Council of Europe Convention on Cybercrime into Australia's extradition framework. It does not expand beyond treating Convention parties as extradition countries and applying the Extradition Act subject to the Convention."},"complexity_factors":["Only 6 short sections","Minimal defined terms (just 2: 'Act' and 'Convention')","No nested exceptions or conditional logic","Simple declarative structure: 'X is Y' and 'Act applies to Z'","Single cross-reference to the Extradition Act 1988 (subsection 11(1A))","Relies entirely on external treaty status (Convention entry into force) rather than internal legislative machinery"],"plain_english_summary":"This regulation lets Australia treat countries that have signed and ratified the Council of Europe Convention on Cybercrime as “extradition countries,” so Australians can be surrendered to them for cyber offences without separate bilateral treaties. The Extradition Act 1988 applies, with the Convention taking priority where they conflict. It affects people in Australia facing foreign cybercrime charges, domestic authorities handling requests, and foreign governments — streamlining cross‑border prosecution of cybercrime."},"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":"This regulation modifies the practical scope of the Extradition Act by treating as \"extradition countries\" all states for which the Cybercrime Convention is in force (reg 5) and by applying the Act to those countries subject to the Convention (reg 6). The change ties the set of extradition partners to the Convention's party status and to the Convention's terms."},"complexity_factors":["Very short instrument with narrow purpose and limited operative content.","Dependence on an external international treaty (Council of Europe Convention on Cybercrime) to define scope (see reg 4, reg 5).","Cross-reference to the Extradition Act 1988 (relies on that Act's definitions and procedures; see reg 5 and reg 6).","Legal effect is conditional on the Convention's entry into force and its terms ('subject to the Convention') (see reg 2 note and reg 6).","Operational requirement to track which countries have the Convention in force (notes refer to external sources for lists).","Potential interaction between Convention obligations and domestic extradition procedures creates interpretive questions for authorities applying subsection 11(1A) of the Act (reg 6)."],"plain_english_summary":"This regulation designates as \"extradition countries\" those states for which the Council of Europe Convention on Cybercrime is in force, and makes the Extradition Act 1988 apply to those countries subject to the Convention. It starts when the Convention enters into force for Australia. It affects people sought for cybercrime extradition and the government agencies that process extradition requests."}},"importantCases":[],"_links":{"self":"/api/acts/extradition-cybercrime-regulation-2013","history":"/api/acts/extradition-cybercrime-regulation-2013/history","analysis":"/api/acts/extradition-cybercrime-regulation-2013/analysis","conflicts":"/api/acts/extradition-cybercrime-regulation-2013/conflicts","importantCases":"/api/acts/extradition-cybercrime-regulation-2013/important-cases","documents":"/api/acts/extradition-cybercrime-regulation-2013/documents"}}