Extradition (Cybercrime) Regulation 2013
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Extradition (Cybercrime) Regulation 2013
Select Legislative Instrument No. 3, 2013
I, Quentin Bryce, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Extradition Act 1988.
Dated 14 February 2013
Quentin Bryce
Governor‑General
By Her Excellency’s Command
Mark Dreyfus
Attorney‑General
Contents
1 Name of regulation
2 Commencement
3 Authority
4 Definitions
5 Extradition countries
6 Application of Act in relation to extradition countries
1 Name of regulation
This regulation is the Extradition (Cybercrime) Regulation 2013.
2 Commencement
This regulation commences on 1 March 2013.
Note: The commencement day is the day the Convention enters into force for Australia.
3 Authority
This regulation is made under the Extradition Act 1988.
4 Definitions
In this regulation:
Act means the Extradition Act 1988.
Convention means the Council of Europe Convention on Cybercrime, done at Budapest on 23 November 2001.
Note: In 2013, the text of the Convention was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
5 Extradition countries
For the definition of extradition country in section 5 of the Act, a country for which the Convention is in force is an extradition country.
Note 1: Articles 36 and 37 of the Convention set out when the Convention enters into force for a country.
Note 2: In 2013, a list of the countries for which the Convention was in force was on the Council of Europe website (http://hub.coe.int/).
6 Application of Act in relation to extradition countries
For subsection 11(1A) of the Act, the Act applies, subject to the Convention, to an extradition country mentioned in section 5.