{"id":"F1997B01936","name":"Extradition (Denmark) Regulations 1988","slug":"extradition-denmark-regulations-1988","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"300 of 1988","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29439,"registerId":"commonwealth-F1997B01936-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations","content":"#### 1 Name of Regulations\n\n  These Regulations are the Extradition (Denmark) Regulations 1988.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"#### 2 Interpretation\n\n  In these Regulations, unless the contrary intention appears:\n\n> relevant act or omission means an act or omission by a person in relation to an offence to which an extradition request for the surrender of the person relates, being an act or omission:\n\n    (a) that is, in or in connection with the request, alleged to have taken place; or\n    (b) of which evidence is produced in connection with the request.\n\n> requesting country means Denmark.\n\n> the Act means the Extradition Act 1988.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Declaration of Denmark as extradition country","content":"#### 3 Declaration of Denmark as extradition country\n\n  Denmark is declared to be an extradition country.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Application of Act in relation to Denmark","content":"#### 5 Application of Act in relation to Denmark\n\n  The Act applies in relation to Denmark subject to the limitations, conditions, exceptions or qualifications specified in regulation 6.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Limitations, etc. in relation to application of Act","content":"#### 6 Limitations, etc. in relation to application of Act\n\n  (2) The Attorney‑General shall not issue a surrender warrant or temporary surrender warrant under Part II of the Act in relation to a person if the person, on being extradited to the requesting country, would be liable to be tried in that country by a court or tribunal:\n    (a) that has been specially established for the purpose of trying the person’s case; or\n    (b) that is only occasionally, or under exceptional circumstances, authorised to try persons accused of the offence to which the extradition request relates.\n  (3) The conditions specified under subregulation (2) in relation to the issue of a surrender warrant or temporary surrender warrant apply in addition to any condition to which, under the Act, the issue of the relevant warrant is subject.\n  (4) The Attorney‑General may decline to issue a surrender warrant or temporary surrender warrant under Part II of the Act in relation to a person if:\n    (a) the person is an Australian citizen; or\n    (b) the Attorney‑General, while taking into account the nature of the offence to which the extradition request relates and the interests of the requesting country, is nevertheless of the opinion that, in the circumstances of the case, it would be unjust, oppressive or incompatible with humanitarian considerations to surrender the person to that country.","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Application of Extradition Legislation Amendment (Denmark, Iceland, Japan and the Republic of Fiji) Regulations 2026","content":"#### 7 Application of Extradition Legislation Amendment (Denmark, Iceland, Japan and the Republic of Fiji) Regulations 2026\n\n  The amendments of regulation 6 made by Schedule 1 to the Extradition Legislation Amendment (Denmark, Iceland, Japan and the Republic of Fiji) Regulations 2026 apply in relation to extradition requests received by Australia on or after the commencement of that Schedule.","sortOrder":5}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing Denmark as an extradition country with specific procedural safeguards. The 2026 amendment provision (regulation 7) is a standard temporal limitation clause that does not expand the scope beyond extradition procedures."},"complexity_factors":["Only 3 defined terms in the interpretation section ('relevant act or omission', 'requesting country', 'the Act')","Single substantive limitation (regulation 6) with two distinct protective conditions: mandatory prohibition on special courts (subregulation 2) and discretionary refusal grounds (subregulation 4)","No cross-references to other legislation beyond the parent Extradition Act 1988","Straightforward temporal application clause (regulation 7) limiting amendments to future requests","Short length (7 regulations total, approximately 400 words)","No nested exceptions or complex conditional logic beyond the basic 'if/then' structure in regulation 6"],"plain_english_summary":"These regulations set up the rules for extraditing people between Australia and Denmark. Extradition is the legal process where one country hands over a person accused or convicted of a crime to another country to face trial or serve a sentence.\n\n**What this does:**\n- **Declares Denmark as an 'extradition country'** — meaning Australia officially recognises Denmark as a partner for extradition under the Extradition Act 1988.\n- **Sets special protections** that apply specifically to Denmark:\n  - Australia **cannot** extradite someone if they would face trial in a **special court** set up just for their case, or a court that only occasionally handles such cases.\n  - The Attorney-General **may refuse** extradition if the person is an **Australian citizen**, or if surrendering them would be **unjust, oppressive, or inhumane** given the circumstances.\n\n**Who it affects:**\n- People facing extradition from Australia to Denmark.\n- Australian citizens (who get extra protection).\n- The Attorney-General (who makes the final decision on surrender warrants).\n\n**Why it matters:**\nThese rules add extra safeguards beyond the general Extradition Act. They ensure people aren't sent to Denmark to face unfair tribunals and give the Attorney-General discretion to protect Australian citizens or prevent inhumane outcomes. The final section (regulation 7) clarifies that upcoming amendments to these protections only apply to new extradition requests received after those changes take effect."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Regulation 7 applies amendments made by Schedule 1 of the 2026 Amendment Regulations to extradition requests received on or after that Schedule's commencement. That timing rule alters how the limitations in regulation 6 operate for future requests, so the practical scope of the Regulations as applied to incoming requests is changed from the prior operational position."},"complexity_factors":["Cross-reference to the Extradition Act 1988 and interaction between primary legislation and these Regulations (reg 5).","Definition and evidentiary scope of 'relevant act or omission' affecting which conduct is covered (reg 2).","Discretion vested in the Attorney‑General to decline surrender on grounds of citizenship or humanitarian/unjustness considerations (reg 6(4)).","Specific prohibition on surrender where trial would be by a specially established or only occasionally authorised tribunal — requires factual/legal assessment of foreign procedures (reg 6(2)).","Conditions in regulation 6 apply in addition to conditions under the Act, creating layered legal tests (reg 6(3)).","Temporal application of later amendments — amendments in 2026 apply only to requests received on/after commencement, requiring timing analysis (reg 7).","Relatively short text but high-stakes decision-making creates interpretive and administrative complexity (overall)."],"plain_english_summary":"These Regulations declare Denmark an extradition country under the Extradition Act 1988 and set how Australia handles surrender requests from Denmark. They prevent surrender where the person would face trial by a specially established or only occasionally authorised tribunal (reg 6(2)) and give the Attorney‑General discretion to refuse surrender of Australian citizens or where surrender would be unjust, oppressive or incompatible with humanitarian considerations (reg 6(4)). Amendments in 2026 change how these limits apply to requests received on or after their commencement (reg 7)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/extradition-denmark-regulations-1988","history":"/api/acts/extradition-denmark-regulations-1988/history","analysis":"/api/acts/extradition-denmark-regulations-1988/analysis","conflicts":"/api/acts/extradition-denmark-regulations-1988/conflicts","importantCases":"/api/acts/extradition-denmark-regulations-1988/important-cases","documents":"/api/acts/extradition-denmark-regulations-1988/documents"}}