{"id":"F2003B00043","name":"Extradition (Kingdom of Cambodia) Regulations 2003","slug":"extradition-kingdom-of-cambodia-regulations-2003","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"34 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31179,"registerId":"commonwealth-F2003B00043-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Extradition (Kingdom of Cambodia) Regulations 2003","content":"![](image.001.png)\n\nExtradition (Kingdom of Cambodia) Regulations 2003\n\nStatutory Rules 2003 No. 34 as amended\n\nmade under the\n\nExtradition Act 1988\n\nThis compilation was prepared on 26 February 2004 \ntaking into account amendments up to SR 2004 No. 14\n\nPrepared by the Office of Legislative Drafting, \nAttorney-General’s Department, Canberra\n\nContents\n\n1 Name of Regulations \\[see Note 1\\]\n\n2 Commencement \\[see Note 1\\]\n\n3 Definitions\n\n4 Declaration that Cambodia is an extradition country\n\n5 Application of Act in relation to Cambodia (Act s 11 (1) (b))\n\n6 Extradition offence for request by Cambodia\n\n7 Required documents\n\n8 Release from remand\n\nNotes\n\n1 Name of Regulations \\[see Note 1\\]\n\nThese Regulations are the Extradition (Kingdom of Cambodia) Regulations 2003.\n\n2 Commencement \\[see Note 1\\]\n\nThese Regulations commence on gazettal.\n\n3 Definitions\n\nIn these Regulations:\n\n> Act means the Extradition Act 1988.\n\n> Cambodia means the Kingdom of Cambodia.\n\n> child means a person under the age of 18 years.\n\n> child sex offence means an offence, or the attempt to commit an offence, that includes:\n\n(a) the indecent assault of a child; or\n\n(b) the sexual assault of a child; or\n\n(c) procuring or trafficking of a child for indecent purposes; or\n\n(d) being knowingly concerned with the prostitution of a child; or\n\n(e) living on the earnings of the prostitution of a child.\n\n4 Declaration that Cambodia is an extradition country\n\nCambodia is declared to be an extradition country.\n\n5 Application of Act in relation to Cambodia (Act s 11 (1) (b))\n\nFor paragraph 11 (1) (b) of the Act, the Act applies to Cambodia subject to these Regulations.\n\n6 Extradition offence for request by Cambodia\n\nAn extradition offence in relation to Cambodia must also be a child sex offence.\n\n7 Required documents\n\n(1) For paragraph 11 (1) (b) of the Act, a judicial document, or other document attaching a judgment or copy of a judgment, authorising the apprehension of the person and issued in the extradition country, is taken to be a warrant mentioned in paragraph 19 (3) (a) of the Act in relation to a person deemed to be accused under subsection 10 (1) of the Act.\n\n(2) For paragraph 19 (2) (b) of the Act, in relation to a person deemed to be accused under subsection 10 (1) of the Act, documents must be produced to the magistrate that contain evidence that:\n\n(a) it was reasonable for the person to know about the criminal proceedings brought against the person for the extradition offence, and the person chose not to attend the proceedings; or\n\n(b) the person has a right in the extradition country to appeal against, or apply to have set aside, the conviction.\n\n8 Release from remand\n\nFor subsection 11 (2) of the Act, paragraph 17 (2) (a) of the Act is modified in its application to Cambodia by omitting ‘45 days’ and inserting ‘60 days’.\n\n> Notes to the Extradition (Kingdom of Cambodia) Regulations 2003\n\n> Note 1\n\n> Note: The Extradition (Kingdom of Cambodia) Regulations 2003 (in force under the Extradition Act 1988) as shown in this compilation comprise Statutory Rules 2003 No. 34 amended as indicated in the Tables below.\n\n> Note: > Note: Table of Statutory Rules\n\n| Year andnumber | Date of notificationin Gazette | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ------------------------------ | ------------------- | --------------------------------------------- |\n| 2003 No. 34 | 13 Mar 2003 | 13 Mar 2003 | |\n| 2004 No. 14 | 26 Feb 2004 | 26 Feb 2004 | — |\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. 9.................

rep. 2004 No. 14

\n```","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulations are narrowly focused: they declare Cambodia an extradition country and confine extradition requests from Cambodia to a defined set of child sex offences, while setting procedural/documentary rules and extending the remand period. Amendments reflected in the compilation are procedural (documentary and timing details). The instrument does not appear to have expanded beyond its original, narrow purpose; changes are refinements to procedure and timing rather than a broadening of substantive scope."},"complexity_factors":["Short instrument (8 regulations plus notes)","Small number of defined terms in Reg 3 (Act, Cambodia, child, child sex offence) — 4 core definitions","Multiple cross-references to the Extradition Act 1988 (s 10(1), s 11(1)(b), paras 17(2)(a), 19(2)(b), 19(3)(a))","Conditional documentary requirements in Reg 7(2) (alternative evidentiary paths)","Single, specific modification to a time limit (45 days → 60 days) in Reg 8","Narrow substantive scope (extradition only for defined child sex offences) reducing branching logic but increasing reliance on external law and documents"],"plain_english_summary":"**What these Regulations do (mechanically)**\n\n- Declare the Kingdom of Cambodia to be an \"extradition country\" under the Extradition Act 1988 (Reg 4). That means the ordinary extradition procedures under the Act apply between Australia and Cambodia, subject to the adjustments in these Regulations (Reg 5).\n\n- Limit the kinds of offences for which Australia will consider an extradition request from Cambodia: an offence must be a \"child sex offence\" (Reg 6). The Regulations define \"child sex offence\" to include indecent assault or sexual assault of a child, procuring/trafficking a child for indecent purposes, knowingly being involved in child prostitution, or living on the earnings of a child’s prostitution (Reg 3).\n\n- Specify what documentary material from Cambodia will count for Australian law enforcement and courts:\n - A judicial document or document attaching a judgment issued in Cambodia that authorises apprehension is treated as a warrant for arrest in committal proceedings in Australia for a person who is \"deemed to be accused\" (Reg 7(1)).\n - For committal hearings where a person is \"deemed to be accused\", the magistrate must be provided with documents showing either that it was reasonable for the person to know about the foreign proceedings and chose not to attend, or that the person has a right under Cambodian law to appeal or apply to have the conviction set aside (Reg 7(2)).\n\n- Change the time the person can be held on remand before release in the Cambodia context by increasing the period in the Act from 45 days to 60 days (Reg 8).\n\n**Who is affected**\n\n- People in Australia who are the subject of an extradition request from Cambodia for a child sex offence (they may be arrested, remanded, and committal proceedings followed under the Extradition Act as modified by these Regulations).\n- Australian magistrates and courts handling extradition committal proceedings involving Cambodian requests (they must treat specified Cambodian documents as warrants and require certain evidence to be produced) (Reg 7).\n- Australian law enforcement and detention services (longer allowable remand for these cases — 60 days) (Reg 8).\n- Cambodia as the requesting state, since its judicial documents are given a specific evidentiary status in Australian proceedings (Reg 7).\n\n**Why it matters (stated purpose and how it works in practice)**\n\n- The Regulations implement the Extradition Act so Australia can process extradition requests from Cambodia, but only for a narrowly defined category of offences: child sex offences (Reg 6).\n- By declaring certain Cambodian documents to be equivalent to Australian warrants (Reg 7(1)) and specifying the documentary evidence to be supplied about notice or appeal rights (Reg 7(2)), the Regulations change the practical documentary threshold for bringing a person before an Australian magistrate in extradition proceedings.\n- Extending the remand period to 60 days (Reg 8) lengthens the time a person can be detained while extradition processes run.\n\n**Practical effects, incentives and implementation trade-offs (mechanical and measurable)**\n\n- Narrow scope: Limiting extradition requests to child sex offences (Reg 6) reduces administrative burden from other offence types but also restricts the range of matters for which Cambodia can seek transfer of suspects. The concrete mechanism is an explicit offence filter: if the offence is not a listed child sex offence, the request falls outside these Regulations.\n\n- Documentary convenience for requesting state: Treating Cambodian judicial documents as Australian warrants (Reg 7(1)) lowers a potential technical barrier for committal hearings — magistrates are required to accept those documents as if they were the warrant described in the Act. That reduces the need for additional authentication steps in committal proceedings.\n\n- Procedural safeguards for the accused: Requiring evidence that the accused was aware of foreign proceedings and chose not to attend, or has an appeal/right-to-challenge the foreign conviction (Reg 7(2)), establishes two alternative documentary pathways intended to protect the accused’s procedural rights in the foreign system.\n\n- Detention cost and liberty trade-off: Increasing the remand ceiling from 45 to 60 days (Reg 8) means accused persons may be detained in Australia for longer pending extradition. That shifts a measurable burden onto detention resources and on the accused (more time in custody) while giving authorities more time to progress extradition steps.\n\n- Administrative effects on magistrates/courts: Magistrates must apply these modified evidentiary rules and the extended remand period when handling Cambodian requests; the Regulations do not remove judicial discretion on committal but alter what constitutes acceptable documentary proof.\n\n**Concrete risks, opportunity costs and compliance burdens**\n\n- Concentrated vs diffuse effects: The direct benefits (easier handling of Cambodian child-sex extradition requests) are concentrated on law enforcement and prosecutors; the costs (longer remand and potential restriction of extradition for other offences) are borne by individual accused persons and detention services.\n\n- Implementation risk: The modified documentary rules depend on Cambodian courts issuing the required types of judicial documents and statements about notice/appeal rights. If Cambodian documentation practices differ, Australian authorities may face delays or disputes about sufficiency.\n\n- Limited scope reduces scope for broader cooperation: Because extradition is limited to child sex offences, other serious crime requests from Cambodia would require separate arrangements or different regulations.\n\n**Key sections to look at**\n- Definitions and offence list: Reg 3 and Reg 6.\n- Documentary treatment and evidentiary requirements: Reg 7.\n- Remand period modification: Reg 8.\n\n(References in parentheses are to the numbered Regulations.)"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope. From inception, these regulations were designed specifically to enable extradition for child sex offences only, reflecting a targeted policy approach rather than a general extradition relationship. The 2004 amendment simply repealed regulation 9 (likely a transitional or technical provision), without expanding the substantive scope."},"complexity_factors":["Only 8 operative provisions (regulations 1-8, with regulation 9 repealed)","Minimal defined terms (4 definitions: Act, Cambodia, child, child sex offence)","Simple conditional logic — primarily modifying standard extradition rules with specific exceptions","Single cross-reference structure — all provisions tie back to specific sections of the Extradition Act 1988","No nested exceptions or complex procedural requirements","Straightforward amendment history (one amendment repealing one regulation)"],"plain_english_summary":"These regulations set up the rules for extraditing people between Australia and Cambodia. 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 Cambodia as an 'extradition country'** — meaning Australia can send people to Cambodia (and vice versa) to face criminal charges.\n- **Limits extradition to child sex offences** — Cambodia can only request extradition from Australia for crimes involving sexual abuse of children (under 18). This is a significant restriction compared to most extradition treaties.\n- **Adjusts paperwork requirements** — allows Cambodian court documents that authorise arrest to count as 'warrants' under Australian law, and requires proof that the accused knew about proceedings or has appeal rights.\n- **Extends detention time** — people held in Australia while Cambodia seeks their extradition can be held for **60 days** (instead of the usual 45) before a magistrate must release them if Cambodia hasn't provided required documents.\n\n**Who it affects:**\n- People in Australia who are accused of child sex offences in Cambodia\n- Australian law enforcement and courts handling extradition requests\n- Cambodian authorities seeking to prosecute child sex offenders\n\n**Why it matters:**\nThis is a targeted tool to combat child sexual exploitation, particularly 'sex tourism' where offenders travel to Cambodia to abuse children. The narrow scope reflects concerns about Cambodia's broader criminal justice system while still allowing prosecution of serious crimes against children."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/extradition-kingdom-of-cambodia-regulations-2003","history":"/api/acts/extradition-kingdom-of-cambodia-regulations-2003/history","analysis":"/api/acts/extradition-kingdom-of-cambodia-regulations-2003/analysis","conflicts":"/api/acts/extradition-kingdom-of-cambodia-regulations-2003/conflicts","importantCases":"/api/acts/extradition-kingdom-of-cambodia-regulations-2003/important-cases","documents":"/api/acts/extradition-kingdom-of-cambodia-regulations-2003/documents"}}