Commonwealth legislation

Extradition (Aviation) Regulations 2009

In ForceCTH

Jurisdiction

Commonwealth

Act Number

92 of 2009

Collection

legislative instrument

Plain English Summary

3/10 complexity

This instrument repeals the prior Extradition (Aviation) Regulations and specifies that, for the Extradition Act 1988, a country (or its colony/territory/protectorate) is an "extradition country" for aviation offences if the Hague Convention, the Montreal Convention or the Protocol is in force for that State. The Extradition Act is declared to apply to those countries "subject to" the terms of the relevant convention. It affects Australian officials, courts and foreign states involved in aviation-related extradition, and relies on treaty-entry records kept by ICAO and on the Crimes (Aviation) Act 1991.

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Current sections

Direct links to the current provisions in Extradition (Aviation) Regulations 2009.

Extradition (Aviation) Regulations 2009

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Extradition (Aviation) Regulations 20091

Select Legislative Instrument 2009 No. 92

I, QUENTIN BRYCE, 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.

Dated 4 June 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

BOB DEBUS

Minister for Home Affairs

1 Name of Regulations

These Regulations are the Extradition (Aviation) Regulations 2009.

2 Commencement

These Regulations commence on the day after they are registered.

3 Repeal

The Extradition (Aviation) Regulations are repealed.

4 Definitions

In these Regulations:

Act means the Extradition Act 1988.

Hague Convention has the same meaning as in the Crimes (Aviation) Act 1991.

Montreal Convention has the same meaning as in the Crimes (Aviation) Act 1991.

Protocol has the same meaning as in the Crimes (Aviation) Act 1991.

5 Extradition countries — Hague Convention

For 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 Hague Convention is in force is an extradition country.

Note 1 For when the Hague Convention enters into force for a State, see Article 13 of the Convention in Schedule 1 to the Crimes (Aviation) Act 1991.

Note 2 The countries for which the Hague Convention is currently in force are listed on the International Civil Aviation Organization website at http://www.icao.int.

6 Extradition countries — Montreal Convention

For 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 Montreal Convention is in force is an extradition country.

Note 1 For when the Montreal Convention enters into force for a State, see Article 15 of the Convention in Schedule 2 to the Crimes (Aviation) Act 1991.

Note 2 The countries for which the Montreal Convention is currently in force are listed on the International Civil Aviation Organization website at http://www.icao.int.

7 Extradition countries — Protocol

For 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 Protocol is in force is an extradition country.

Note 1 For when the Protocol enters into force for a State, see Article VII of the Protocol in Schedule 3 to the Crimes (Aviation) Act 1991.

Note 2 The countries for which the Protocol is currently in force are listed on the International Civil Aviation Organization website at http://www.icao.int.

8 Application of the Act — Hague Convention

The Act applies, subject to the Hague Convention, to an extradition country mentioned in regulation 5.

9 Application of the Act — Montreal Convention

The Act applies, subject to the Montreal Convention, to an extradition country mentioned in regulation 6.

10 Application of the Act — Protocol

The Act applies, subject to the Protocol, to an extradition country mentioned in regulation 7.

Note

Note: 1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Extradition (Aviation) Regulations 2009