{"id":"F1996B00637","name":"Extradition (Thailand) Regulations","slug":"extradition-thailand-regulations","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"372 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28843,"registerId":"commonwealth-F1996B00637-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Extradition (Thailand) Regulations","content":"Statutory Rules 1995 No. 3721\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nExtradition (Thailand) Regulations\n\nI, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Extradition Act 1988.\n\nDated 29 November 1995.\n\nBILL HAYDEN\n\nGovernor-General\n\nBy His Excellency’s Command,\n\nM. LAVARCH\n\nAttorney-General\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nCitation\n\n1. These Regulations may be cited as the Extradition (Thailand) Regulations.\n\n> Note: \\[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.\\]\n\nInterpretation\n\n2. In these Regulations, unless the contrary intention appears:\n\n> “Act” means the Extradition Act 1988;\n\n> “Thailand” means the Kingdom of Thailand.\n\nDeclaration that Thailand is an extradition country\n\n3. Thailand is declared to be an extradition country.\n\nApplication of the Act in relation to Thailand\n\n4. (1) The Act applies to Thailand subject to the limitation, condition, exception or qualification set out in subregulation (2).\n\n(2) For the purposes of subsection 22 (2) of the Act, the surrender to Thailand of an eligible person must be refused if, on being extradited, he or she would be liable to be tried for the qualifying extradition offence by a court or tribunal of Thailand:\n\n(a) that has been specially established to try the person; or\n\n(b) that is only occasionally, or under exceptional circumstances, authorised to try persons accused of the offence.\n\n> Note: \\[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: see paragraph 22 (3) (e) of the Act. The Act also limits the Attorney-General’s discretion to authorise surrender of the person in other ways: see section 22 of the Act.\\]\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nNOTE\n\n> Note: 1. Notified in the Commonwealth of Australia Gazette on 6 December 1995.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: establishing Thailand as an extradition country with specific fair trial safeguards. The scope has not expanded beyond this narrow technical function."},"complexity_factors":["Only 4 regulations total, with minimal text","Just 2 defined terms ('Act' and 'Thailand')","Single substantive condition in regulation 4(2) — a straightforward refusal ground","No cross-references beyond basic references to the parent Extradition Act 1988","No nested exceptions or conditional logic beyond the basic 'if-then' structure in regulation 4","Extensive helpful note explaining the practical operation, which actually aids comprehension"],"plain_english_summary":"These regulations set up the rules for extraditing people between Australia and Thailand. 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 Thailand as an \"extradition country\" — meaning Australia has a formal legal arrangement to send people to Thailand to face criminal charges\n- Adds a specific protection: Australia **must refuse** to extradite someone to Thailand if they would be tried by:\n  - A special court created just to try them, or\n  - A court that only occasionally or in exceptional circumstances handles that type of case\n\n**Who it affects:**\n- People in Australia who Thailand wants to prosecute for crimes\n- Australian courts and the Attorney-General, who must check this rule before approving any extradition to Thailand\n\n**Why it matters:**\nThis is a safeguard against unfair trials. It prevents Australia from sending people to Thailand if they would face trial in specially convened courts or irregular tribunals — situations where fair trial guarantees might be weaker. The Attorney-General cannot approve the extradition unless satisfied these concerning circumstances don't apply."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument does not broaden the Extradition Act beyond its original purpose of providing a framework for extradition and for declaring other countries to be \"extradition countries.\" Instead, it exercises that power in a narrow way: it declares Thailand an extradition country (Reg 3) while imposing a specific, limited refusal ground for surrender to Thailand (Reg 4(2)). That adds a country‑specific safeguard but does not materially change the statutory scheme or expand the Act's original scope of authorising extradition arrangements."},"complexity_factors":["Very short instrument: 3 substantive regulations (citation, interpretation, declaration/application)","2 defined terms in interpretation section (\"Act\", \"Thailand\")","Single substantive limitation clause located in one subregulation (Reg 4(2))","Cross‑references to the Extradition Act 1988 (notably s.22 and s.22(3)(e)) require users to read the primary Act for full effect","Conditional logic limited to one \"must refuse\" condition with two alternative factual predicates (a court \"specially established\" OR a court \"only occasionally, or under exceptional circumstances, authorised\")","Potential factual complexity in applying the condition (requires assessment of foreign court structures and practice) — factual, not textual, complexity"],"plain_english_summary":"These Regulations make the Kingdom of Thailand an \"extradition country\" under the Extradition Act 1988 but add a specific mandatory refusal: the Attorney‑General must refuse surrender if the person, once extradited, would be tried by a Thai court or tribunal that is specially constituted for them or used only occasionally/exceptionally for such offences. It affects people in Australia facing Thai requests, the Attorney‑General and agencies that assess Thai court arrangements, adding a targeted safeguard to extradition decisions."},"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-thailand-regulations","history":"/api/acts/extradition-thailand-regulations/history","analysis":"/api/acts/extradition-thailand-regulations/analysis","conflicts":"/api/acts/extradition-thailand-regulations/conflicts","importantCases":"/api/acts/extradition-thailand-regulations/important-cases","documents":"/api/acts/extradition-thailand-regulations/documents"}}