{"id":"F2010L01772","name":"Extradition (Samoa) Regulations 2010","slug":"extradition-samoa-regulations-2010","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"159 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":153170,"registerId":"commonwealth-F2010L01772-current","compilationNumber":null,"startDate":"2026-04-04","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Extradition (Samoa) Regulations 2010","content":"![Commonwealth Coat of Arms](image.001.png)\n\nExtradition (Samoa) Regulations 2010\n\nSelect Legislative Instrument 2010 No. 159 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 Extradition country\n\n6 Modification of Act — application to Samoa\n\nNotes\n\n1 Name of Regulations \\[see Note 1\\]\n\nThese Regulations are the Extradition (Samoa) Regulations 2010.\n\n2 Commencement \\[see Note 1\\]\n\nThese Regulations commence on the day after they are registered.\n\n3 Definition\n\nIn these Regulations:\n\n> Act means the Extradition Act 1988.\n\n4 Extradition country\n\nFor the definition of extradition country in section 5 of the Act, Samoa is declared to be an extradition country.\n\n6 Modification of Act — application to Samoa\n\nFor section 11 of the Act, the Act applies in relation to Samoa as if a reference to 45 days in paragraph 17 (2) (a) of the Act were a reference to 60 days.\n\n> Notes to the Extradition (Samoa) Regulations 2010\n\n> Note 1\n\n> Note: The Extradition (Samoa) Regulations 2010 (in force under the Extradition Act 1988) as shown in this compilation comprise Select Legislative Instrument 2010 No. 159 amended as indicated in the Tables below.\n\n> Note: > Note: Table of Instruments\n\n| Year andNumber | Date of FRLI registration | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ----------------------------- | ------------------------------------ | --------------------------------------------- |\n| 2010 No. 159 | 1 July 2010 (see F2010L01772) | 2 July 2010 | |\n| 2012 No. 210 | 3 Sept 2012 (see F2012L01825) | Schedule 14: 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":3,"scope_assessment":{"changed":true,"description":"This instrument changes the scope of operation of the Extradition Act in two concrete ways: (1) it brings Samoa within the Act’s list of extradition countries so that the Act may be applied in relation to Samoa (Regulation 4); and (2) it alters a specific time reference in the Act—treating a 45‑day reference in paragraph 17(2)(a) as 60 days when the Act is applied to Samoa—thereby changing the procedural timing that applies to Samoa compared with other extradition countries (Regulation 6)."},"complexity_factors":["Very short instrument with only a few provisions (Regulations 2–6).","Relies on cross-reference to the Extradition Act 1988; full practical effect requires reading paragraph 17(2)(a) and related Act provisions.","Country-specific modification (Samoa only) which creates a statutory distinction that must be recognised in practice (Regulation 4; Regulation 6).","Technical change (a time-period substitution: 45 days → 60 days) whose legal significance depends on the procedural context in the primary Act (Regulation 6).","Amendment history and commencement timing require attention for temporal application (Regulation 2; Notes)."],"plain_english_summary":"What this instrument does (mechanically)\n\n- Declares Samoa to be an \"extradition country\" for the purposes of the Extradition Act 1988 (Regulation 4). This means the Act can be used in proceedings or processes that require a country to be listed as an extradition country.\n- Modifies how one particular time reference in the Extradition Act operates when the Act is applied to Samoa: a reference to 45 days in paragraph 17(2)(a) of the Act is treated as a reference to 60 days when the Act is applied in relation to Samoa (Regulation 6).\n- Defines the short-hand \"Act\" to mean the Extradition Act 1988 for the purposes of these regulations (Regulation 3) and sets the commencement timing (Regulation 2).\n\nWho is affected and who decides\n\n- The regulation changes how the Commonwealth’s Extradition Act operates in relation to Samoa. That affects any person or authority engaged in extradition processes that rely on the Extradition Act where Samoa is the foreign jurisdiction involved (Regulation 4; Regulation 6).\n- The instrument itself is a Commonwealth regulation made under the Extradition Act. It is the instrument through which the Commonwealth declares a country to be an extradition country and adapts certain procedural timing for that country (Regulation 4; Regulation 6). The regulation takes effect on the day after registration (Regulation 2).\n\nWhy this matters (mechanisms, incentives and trade-offs)\n\n- Expanding the list of extradition countries (Regulation 4) changes the set of foreign jurisdictions to which the Extradition Act’s powers and procedures can be applied. The direct effect is procedural: it enables Australian authorities to use the statutory extradition machinery in relation to Samoa.\n- Increasing the 45-day reference to 60 days for Samoa (Regulation 6) lengthens whatever procedural time limit that paragraph 17(2)(a) sets in the Act when the Act is used for Samoa. The instrument itself does not state what procedural step that paragraph controls; the practical consequence is that some action (notification, surrender, detention review, or another time-sensitive step in the Act) will be allowed a longer period when Samoa is involved. To see the precise behavioural effect, the relevant paragraph in the Extradition Act must be consulted (Regulation 6).\n\nCosts, compliance burden and who pays\n\n- The regulation does not create a new fee or direct financial charge in the text provided. It therefore does not, by itself, impose a new direct payment obligation on private parties.\n- It does change procedural timelines for people and authorities involved in extradition matters with Samoa (Regulation 6). That may impose indirect costs or burdens (for example, longer detention periods or longer windows for authorities to take steps), but the regulation does not quantify or allocate those costs.\n\nDiscretion, implementation risk and administrative effects\n\n- The regulation makes a country-specific modification to the Act (only Samoa is named) rather than a general change. That creates a statutory difference between Samoa and countries not so declared (Regulation 4; Regulation 6). Any future differences for other countries would require further instruments.\n- Because the text modifies a time reference in the primary Act, administrators and courts will need to read the regulation together with the Extradition Act to determine precise rights, time limits and duties. The regulation therefore increases the practical complexity of applying the Act in Samoa cases (Regulation 6).\n\nMarket, private choice and enforcement effects (brief)\n\n- The instrument is procedural and jurisdictional: it does not directly regulate commercial activity, prices, or competition. Its main effect on private choice is procedural—changing which statutory processes apply when Samoa is the foreign jurisdiction and lengthening one statutory time period for Samoa (Regulation 4; Regulation 6).\n\nConcentrated benefits and diffuse costs (mechanisms)\n\n- Concentrated: The Commonwealth’s law-enforcement and prosecuting authorities obtain a clear legal basis to employ the Extradition Act in relation to Samoa (Regulation 4).\n- Diffuse: Individuals affected by extradition processes involving Samoa face changed procedural timing (a 60‑day reference instead of 45 days) which may advantage or disadvantage different parties depending on the specifics of the Act’s paragraph 17(2)(a) (Regulation 6). The instrument itself does not identify which parties gain or lose from that timing change.\n\nWhat a reader needs to check next\n\n- To see the concrete legal effects on rights, detention, surrender or review processes, consult paragraph 17(2)(a) of the Extradition Act 1988 together with section 11 (as modified by this regulation) because the regulation modifies that paragraph’s time reference for Samoa (Regulation 6)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose: designating Samoa as an extradition country and making a minor procedural adjustment. The 2012 amendment merely repealed regulation 5 (likely a transitional provision), without expanding the substantive scope."},"complexity_factors":["Only 4 substantive provisions (regulations 1-4 and 6, with regulation 5 repealed)","Single defined term ('Act')","One simple modification to the parent Act (changing 45 days to 60 days)","No nested conditions, exceptions, or cross-references beyond basic references to the parent Act","Total length is approximately 1 page of substantive content"],"plain_english_summary":"These regulations make Samoa an 'extradition country' under Australian law, meaning Australia can extradite (hand over) people to Samoa to face criminal charges, and vice versa. The regulations also give Samoa extra time—60 days instead of the usual 45—to respond when Australia requests someone's extradition. This is a straightforward technical instrument that simply applies the main Extradition Act 1988 to Samoa with one small timing adjustment."}},"importantCases":[],"_links":{"self":"/api/acts/extradition-samoa-regulations-2010","history":"/api/acts/extradition-samoa-regulations-2010/history","analysis":"/api/acts/extradition-samoa-regulations-2010/analysis","conflicts":"/api/acts/extradition-samoa-regulations-2010/conflicts","importantCases":"/api/acts/extradition-samoa-regulations-2010/important-cases","documents":"/api/acts/extradition-samoa-regulations-2010/documents"}}