1
Name of Regulations
1 Name of Regulations
These Regulations are the Extradition (Japan) Regulations 1988.
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Commonwealth legislation
These Regulations declare Japan an extradition country and make the Extradition Act 1988 apply to Japan with particular limits. They bar surrender where the person would face trial by a specially established or only occasionally authorised court, let the Attorney‑General refuse surrender for Australian citizens or on humanitarian/unjust/oppressive grounds, and bring forward specified 2026 amendments for requests received after that Schedule commences.
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Direct links to the current provisions in Extradition (Japan) Regulations 1988.
These Regulations are the Extradition (Japan) Regulations 1988.
In these Regulations, unless the contrary intention appears:
relevant act or omission means an act or omission by a person in relation to an offence to which an extradition request for the surrender of the person relates, being an act or omission:
(a) that is, in or in connection with the request, alleged to have taken place; or
(b) of which evidence is produced in connection with the request.
requesting country means Japan.
the Act means the Extradition Act 1988.
Japan is declared to be an extradition country.
The Act applies in relation to Japan subject to the limitations, conditions, exceptions or qualifications specified in regulation 6.
(2) The Attorney‑General shall not issue a surrender warrant or temporary surrender warrant under Part II of the Act in relation to a person if the person, on being extradited to the requesting country, would be liable to be tried in that country by a court or tribunal: (a) that has been specially established for the purpose of trying the person’s case; or (b) that is only occasionally, or under exceptional circumstances, authorised to try persons accused of the offence to which the extradition request relates. (3) The conditions specified under subregulation (2) in relation to the issue of a surrender warrant or temporary surrender warrant apply in addition to any condition to which, under the Act, the issue of the relevant warrant is subject. (4) The Attorney‑General may decline to issue a surrender warrant or temporary surrender warrant under Part II of the Act in relation to a person if: (a) the person is an Australian citizen; or (b) the Attorney‑General, while taking into account the nature of the offence to which the extradition request relates and the interests of the requesting country, is nevertheless of the opinion that, in the circumstances of the case, it would be unjust, oppressive or incompatible with humanitarian considerations to surrender the person to that country.
The amendments of regulation 6 made by Schedule 1 to the Extradition Legislation Amendment (Denmark, Iceland, Japan and the Republic of Fiji) Regulations 2026 apply in relation to extradition requests received by Australia on or after the commencement of that Schedule.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Regulations are the Extradition (Japan) Regulations 1988.
In these Regulations, unless the contrary intention appears:
relevant act or omission means an act or omission by a person in relation to an offence to which an extradition request for the surrender of the person relates, being an act or omission:
(a) that is, in or in connection with the request, alleged to have taken place; or
(b) of which evidence is produced in connection with the request.
requesting country means Japan.
the Act means the Extradition Act 1988.
Japan is declared to be an extradition country.
The Act applies in relation to Japan subject to the limitations, conditions, exceptions or qualifications specified in regulation 6.
(2) The Attorney‑General shall not issue a surrender warrant or temporary surrender warrant under Part II of the Act in relation to a person if the person, on being extradited to the requesting country, would be liable to be tried in that country by a court or tribunal: (a) that has been specially established for the purpose of trying the person’s case; or (b) that is only occasionally, or under exceptional circumstances, authorised to try persons accused of the offence to which the extradition request relates. (3) The conditions specified under subregulation (2) in relation to the issue of a surrender warrant or temporary surrender warrant apply in addition to any condition to which, under the Act, the issue of the relevant warrant is subject. (4) The Attorney‑General may decline to issue a surrender warrant or temporary surrender warrant under Part II of the Act in relation to a person if: (a) the person is an Australian citizen; or (b) the Attorney‑General, while taking into account the nature of the offence to which the extradition request relates and the interests of the requesting country, is nevertheless of the opinion that, in the circumstances of the case, it would be unjust, oppressive or incompatible with humanitarian considerations to surrender the person to that country.
The amendments of regulation 6 made by Schedule 1 to the Extradition Legislation Amendment (Denmark, Iceland, Japan and the Republic of Fiji) Regulations 2026 apply in relation to extradition requests received by Australia on or after the commencement of that Schedule.