{"id":"F2009L02135","name":"Extradition (Torture) Regulations 2009","slug":"extradition-torture-regulations-2009","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"99 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":140256,"registerId":"commonwealth-F2009L02135-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Extradition (Torture) Regulations 2009","content":"![](image.001.png)\n\nExtradition (Torture) Regulations 2009\n\nSelect Legislative Instrument 2009 No. 99 as amended\n\nmade under the\n\nExtradition Act 1988\n\nThis compilation was prepared on 26 November 2010 \ntaking into account amendments up to SLI 2010 No. 289\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 Repeal\n\n4 Definitions\n\n5 Extradition countries\n\n6 Application of the Act\n\nNotes\n\n1 Name of Regulations \\[see Note 1\\]\n\nThese Regulations are the Extradition (Torture) Regulations 2009.\n\n2 Commencement \\[see Note 1\\]\n\nThese Regulations commence on the day after they are registered.\n\n3 Repeal\n\nThe Extradition (Torture) Regulations are repealed.\n\n4 Definitions\n\nIn these Regulations:\n\n> Act means the Extradition Act 1988.\n\n> Convention means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted by the General Assembly of the United Nations at New York on 10 December 1984.\n\n5 Extradition countries\n\nFor the definition of extradition country in section 5 of the Act, a country, or a colony, territory or protectorate of a country, for which the Convention is in force is an extradition country.\n\n> Note 1 For when the Convention enters into force for a State, see Article 27 of the Convention. The text of the Convention is set out \n> in Australian Treaty Series 1989 No. 21 (\\[1989\\] ATS 21). In 2010, the \n> text of a Convention in the Australian Treaty Series was accessible \n> through the Australian Treaties Library on the AustLII website at http://www.austlii.edu.au.\n\n> Note 2 The countries for which the Convention is currently in force are listed on the United Nations website at http://www.un.org.\n\n6 Application of the Act\n\nThe Act applies, subject to the Convention, to an extradition country mentioned in regulation 5.\n\n> Notes to the Extradition (Torture) Regulations 2009\n\n> Note 1\n\n> Note: The Extradition (Torture) Regulations 2009 (in force under the Extradition Act 1988) as shown in this compilation comprise Select Legislative Instrument 2009 No. 99 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| 2009 No. 99 | 9 June 2009 (see F2009L02135) | 10 June 2009 | |\n| 2010 No. 289 | 25 Nov 2010 (see F2010L03070) | 26 Nov 2010 | — |\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. 4.................

am. 2010 No. 289

Note 1 to r. 5...........

rs. 2010 No. 289

\n```","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulations narrow and specify the Act’s reach for the category “extradition country”: regulation 5 limits that category to States (or their colonies, territories or protectorates) for which the Convention Against Torture is in force, and regulation 6 makes the Act’s application subject to the Convention. Regulation 3 also repeals earlier Extradition (Torture) Regulations, indicating a deliberate redefinition of scope."},"complexity_factors":["Very short instrument with limited provisions (regs 4–6), so low textual complexity.","Cross‑references to the Extradition Act 1988 and to the Convention introduce legal interaction complexity (regs 4, 6).","Operational scope depends on external facts (whether the Convention is in force for a State), creating dynamic scope and administrative dependence (r.5; note 1 to r.5).","Relies on external sources (UN status list and Australian Treaty Series) for implementation and updating, shifting implementation work to administrative actors (note 2 to r.5).","Regulation 3’s terse repeal statement may cause interpretive questions about replacement or prior instruments."],"plain_english_summary":"These regulations tell how the Extradition Act 1988 applies where the UN Convention Against Torture is involved: they define an “extradition country” as any State (or its colony, territory or protectorate) for which the Convention is in force, and state the Act applies to those countries only, subject to the Convention (regs 5–6). This affects extradition decision‑makers and people sought for extradition by tying Australia’s extradition powers to treaty entry‑into‑force and to an externally maintained list of Convention parties."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: implementing Australia's obligations under the UN Convention Against Torture by enabling extradition for torture offences. The 2010 amendment was purely technical (updating a website reference in a note), with no expansion of substantive scope."},"complexity_factors":["Only 6 operative provisions (regulations 1-6)","Just 2 defined terms ('Act' and 'Convention')","No cross-references beyond the parent Act and the UN Convention","No conditional logic, exceptions, or nested provisions","Single straightforward mechanism: automatic designation of Convention parties as extradition countries","Extensive notes and tables are administrative metadata, not substantive law"],"plain_english_summary":"These regulations make torture an extraditable offence between Australia and any country party to the UN Convention Against Torture, automatically treating new ratifying states as extradition partners without separate Australian laws. It affects people accused of torture who move between Australia and Convention countries and the police, prosecutors and courts handling their extradition — creating a multilateral pathway to close a previous loophole where torturers could evade justice."}},"importantCases":[],"_links":{"self":"/api/acts/extradition-torture-regulations-2009","history":"/api/acts/extradition-torture-regulations-2009/history","analysis":"/api/acts/extradition-torture-regulations-2009/analysis","conflicts":"/api/acts/extradition-torture-regulations-2009/conflicts","importantCases":"/api/acts/extradition-torture-regulations-2009/important-cases","documents":"/api/acts/extradition-torture-regulations-2009/documents"}}