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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These Regulations (made under the Extradition Act 1988) declare that the Czech Republic is an "extradition country" for the purposes of the Extradition Act (reg 4). The instrument was made by the Governor‑General acting with the advice of the Federal Executive Council and signed by the Minister for Justice and Customs (preamble).
They come into force the day after they are registered (reg 2).
They apply the Extradition Act to the Czech Republic, but explicitly modify one numerical time limit in the Act: in the version of the Act that applies to the Czech Republic, paragraph 17(2)(a) is changed by replacing the text "45 days" with "60 days" (reg 5). The Regulations themselves define "Act" to mean the Extradition Act 1988 (reg 3).
Who decides: the instrument was made by the Governor‑General on the advice of the Federal Executive Council and issued by the Minister for Justice and Customs (preamble). The Regulations operate by reference to provisions of the Extradition Act (reg 3).
Who is affected: people and authorities engaged in extradition procedures between Australia and the Czech Republic — including any person to whom the Extradition Act applies in relation to the Czech Republic, Australian executive agencies that handle extradition, and practitioners advising such persons — because the Act is made to apply to that country (reg 4 and reg 5).
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Direct links to the current provisions in Extradition (Czech Republic) Regulations 2007.
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View on official registerSourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Mechanics: by declaring the Czech Republic an extradition country and modifying one numerical limit, the Regulations make the Extradition Act operative in relation to that country, subject to the single textual change in reg 5.
Incentives and behaviour: the instrument changes the statutory deadline or period governed by paragraph 17(2)(a) of the Act for cases involving the Czech Republic by replacing "45 days" with "60 days" (reg 5). Whatever procedural requirement, deadline or custody period paragraph 17(2)(a) governs under the Act will therefore run to 60 days rather than 45 days in relation to the Czech Republic.
Costs and compliance burden: the Regulations themselves are concise and do not set fees, enforcement mechanisms or administrative procedures. They therefore do not specify who pays for extradition-related costs; those matters remain governed by the Extradition Act and other applicable instruments or administrative arrangements (see reg 3 and reg 5). A practical consequence is that responsible agencies must apply the Act to a new country and accommodate the altered 60‑day numerical limit when administering cases involving the Czech Republic.
Bureaucratic discretion and implementation risk: the Regulations make a targeted textual change but rely on cross‑reference to the Extradition Act for substantive process and discretion. Implementing agencies must interpret and apply paragraph 17(2)(a) of the Act as modified for the Czech Republic; any uncertainty about how that paragraph operates will require reference to the Act and possibly to supporting materials (reg 5). The instrument does not itself allocate new discretionary powers or procedures.
(References: reg 1–5 and the instrument preamble as printed in the Regulations.)