{"id":"F1996B01254","name":"Extradition (Republic of the Marshall Islands) Regulations 1993","slug":"extradition-republic-of-the-marshall-islands-regulations-1993","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"187 of 1993","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29047,"registerId":"commonwealth-F1996B01254-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Extradition (Republic of the Marshall Islands) Regulations 1993","content":"![Commonwealth Coat of Arms](image.001.png)\n\nExtradition (Republic of the Marshall Islands) Regulations 1993\n\nStatutory Rules 1993 No. 187 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 Interpretation\n\n3 Declaration that the Marshall Islands is an extradition country\n\n5 Application of Act in relation to the Marshall Islands\n\nNotes\n\n1 Name of Regulations \\[see Note 1\\]\n\nThese Regulations are the Extradition (Republic of the Marshall Islands) Regulations 1993.\n\n2 Interpretation\n\n(1) In these Regulations:\n\n> Act means the Extradition Act 1988.\n\n> Marshall Islands means the Republic of the Marshall Islands.\n\n3 Declaration that the Marshall Islands is an extradition country\n\nThe Marshall Islands is declared to be an extradition country.\n\n5 Application of Act in relation to the Marshall Islands\n\n(1) The Act applies to the Marshall Islands subject to the limitation, condition, exception or qualification set out in subregulation (2).\n\n(2) The surrender to the Marshall Islands of an eligible person must be refused if, on being extradited, he or she would be liable to be tried for the offence to which the extradition request relates by a court or tribunal of the Marshall Islands:\n\n(a) that has been specially established for the purpose of trying the person’s case; or\n\n(b) that is only occasionally, or under exceptional circumstances, authorised to try persons accused of the offence.\n\n> Note Once a person has been found to be eligible for extradition, or has consented to extradition, the Attorney‑General must decide whether or not the person is to be surrendered. If the Act applies to an extradition country subject to a condition that extradition must be refused in certain circumstances, the Attorney‑General must not surrender a person to that extradition country unless the Attorney‑General is satisfied that the circumstances do not exist: Act, paragraph 22 (3) (e). The Act also limits the Attorney‑General’s discretion to authorise surrender of the person in other ways: see section 22 generally.\n\n> Notes to the Extradition (Republic of the Marshall Islands) Regulations 1993\n\n> Note 1\n\n> Note: The Extradition (Republic of the Marshall Islands) Regulations 1993 (in force under the Extradition Act 1988) as shown in this compilation comprise Statutory Rules 1993 No. 187 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| 1993 No. 187 | 30 June 1993 | 30 June 1993 | |\n| 2012 No. 210 | 3 Sept 2012 (see F2012L01825) | Schedule 13: 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. 1.................

rs. 2012 No. 210

R. 4.................

rep. 2012 No. 210

\n```","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument has been amended (2012 No. 210): Reg 1 was substituted and Reg 4 was repealed (see Table of Amendments and Table of Instruments). The core declaration (Reg 3) and the refusal condition in Reg 5 remain in the compilation, but the 2012 amendments altered the regulations' text—precise practical effects beyond those textual changes cannot be determined from this compilation alone."},"complexity_factors":["Short, single-purpose instrument: primarily a declaration and an application clause (Regs 1, 3, 5).","Depends on and modifies operation of the Extradition Act 1988 (definition of 'Act' in Reg 2(1) and application in Reg 5(1)), so legal effect requires reading both instruments together.","Mandatory refusal ground requires factual and legal assessment of what counts as a court 'specially established' or 'only occasionally, or under exceptional circumstances, authorised' to try the offence (Reg 5(2)(a)-(b)), creating interpretive uncertainty.","Constrains the Attorney‑General's surrender decision by reference to Act paragraph 22(3)(e) and section 22 (see Explanatory note), so administrative discretion is limited in specified circumstances.","Amendment history (Table of Amendments: R.1 substituted; R.4 repealed by 2012 No.210) means text has changed since inception and practical scope may differ from earlier versions."],"plain_english_summary":"The Regulations declare the Republic of the Marshall Islands an \"extradition country\" under the Extradition Act 1988 and make that Act apply to it. They add a mandatory refusal ground: the Attorney‑General must not surrender an eligible person if, on extradition, they would be tried by a court specially established for their case or by a court authorised only occasionally or in exceptional circumstances to try the offence."},"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 focused on their original purpose: establishing extradition relations with the Marshall Islands with specific fair trial safeguards. The 2012 amendment merely updated the naming provision and repealed regulation 4 (likely an obsolete transitional provision), without expanding the substantive scope."},"complexity_factors":["Only 2 substantive provisions (regulations 3 and 5) plus interpretation","Minimal defined terms (only 2: 'Act' and 'Marshall Islands')","Single conditional limitation in subregulation 5(2) with two alternative limbs (a) and (b)","No cross-references beyond the parent Act","Straightforward structure: declaration, then application with one exception","Regulation 4 was repealed, simplifying the instrument further"],"plain_english_summary":"These regulations allow Australia to extradite (hand over) people to the Republic of the Marshall Islands to face criminal charges, but with one important safeguard.\n\n**What this does:**\n- Declares the Marshall Islands as an \"extradition country\" — meaning Australia has agreed to consider requests to send people there to stand trial\n- Applies Australia's Extradition Act 1988 to the Marshall Islands\n\n**The key protection:**\nAustralia **must refuse** extradition if the person would be tried by:\n- A court specially set up just for their case, or\n- A court that only occasionally or in exceptional circumstances can try that type of offence\n\nThis prevents people being sent to face trial in specially convened or irregular courts.\n\n**Who it affects:**\n- People in Australia who are wanted for alleged crimes in the Marshall Islands\n- The Attorney-General, who makes the final decision on whether to surrender someone after a court has found them eligible for extradition\n\n**Why it matters:**\nThis creates a formal legal pathway for transferring accused criminals between Australia and the Marshall Islands, while protecting against unfair trial procedures. The restriction on special courts reflects Australia's commitment to fair trial standards in international extradition arrangements."}},"importantCases":[],"_links":{"self":"/api/acts/extradition-republic-of-the-marshall-islands-regulations-1993","history":"/api/acts/extradition-republic-of-the-marshall-islands-regulations-1993/history","analysis":"/api/acts/extradition-republic-of-the-marshall-islands-regulations-1993/analysis","conflicts":"/api/acts/extradition-republic-of-the-marshall-islands-regulations-1993/conflicts","importantCases":"/api/acts/extradition-republic-of-the-marshall-islands-regulations-1993/important-cases","documents":"/api/acts/extradition-republic-of-the-marshall-islands-regulations-1993/documents"}}