Commonwealth legislation

Extradition (Republic of North Macedonia) Regulations 2023

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legislative instrument

Plain English Summary

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This instrument declares the Republic of North Macedonia an "extradition country" under the Extradition Act 1988 and changes the Act’s procedural timetable by replacing a 45‑day deadline with 60 days. It treats earlier extradition requests that used the country’s former name as if made by the Republic of North Macedonia, and repeals the earlier 2009 regulations. This affects the Attorney‑General’s and courts’ handling of extradition requests and any person subject to such a request by altering who may request extradition and lengthening a key decision period (see regs 6–9).

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Current sections

Direct links to the current provisions in Extradition (Republic of North Macedonia) Regulations 2023.

Extradition (Republic of North Macedonia) Regulations 2023

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Commonwealth Coat of Arms of Australia

Extradition (Republic of North Macedonia) Regulations 2023

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 13 April 2023

David Hurley

Governor‑General

By His Excellency’s Command

Mark Dreyfus KC

Attorney‑General

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Schedules

5 Definitions

Part 2—Declaration as extradition country

6 Declaration of Republic of North Macedonia as an extradition country

7 Application of the Act

Part 3—Transitional provisions

8 Extradition requests made by the Republic of North Macedonia

9 Extradition requests made by the Former Yugoslav Republic of Macedonia

Schedule 1—Repeals

Extradition (Former Yugoslav Republic of Macedonia) Regulations 2009

Part 1—Preliminary

1 Name

This instrument is the Extradition (Republic of North Macedonia) Regulations 2023.

2 Commencement

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this instrument The day after this instrument is registered. 19 April 2023

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under the Extradition Act 1988.

4 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5 Definitions

In this instrument:

Act means the Extradition Act 1988.

Part 2—Declaration as extradition country

6 Declaration of Republic of North Macedonia as an extradition country

For the purposes of paragraph (a) of the definition of extradition country in section 5 of the Act, the Republic of North Macedonia is declared to be an extradition country.

7 Application of the Act

For the purposes of paragraph 11(1)(b) of the Act, the Act applies in relation to the Republic of North Macedonia subject to modification of paragraph 17(2)(a) of the Act by omitting “45 days” and substituting “60 days”.

Part 3—Transitional provisions

8 Extradition requests made by the Republic of North Macedonia

(1) Section 6 applies in relation to an extradition request made by the Republic of North Macedonia before, on or after the commencement of this instrument.

(2) For the purposes of the Act, after the commencement of this instrument, a reference to the country previously known as the Former Yugoslav Republic of Macedonia in the extradition request, and in any other document relating to the extradition request, is taken to be a reference to the Republic of North Macedonia.

9 Extradition requests made by the Former Yugoslav Republic of Macedonia

(1) This section applies if:

(a) before the commencement of this instrument, an extradition request was made by the country previously known as the Former Yugoslav Republic of Macedonia; and

(b) immediately before the commencement of this instrument, the Attorney‑General had not issued a notice under section 16 of the Act in respect of the extradition request.

(2) For the purposes of the Act, after the commencement of this instrument:

(a) the extradition request is taken to be an extradition request made by the Republic of North Macedonia; and

(b) a reference to the country previously known as the Former Yugoslav Republic of Macedonia in the extradition request, and in any other document relating to the extradition request, is taken to be a reference to the Republic of North Macedonia.

Schedule 1—Repeals

Extradition (Former Yugoslav Republic of Macedonia) Regulations 2009

1 The whole of the instrument

Repeal the instrument.

Source text

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

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Extradition (Republic of North Macedonia) Regulations 2023

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 13 April 2023

David Hurley

Governor‑General

By His Excellency’s Command

Mark Dreyfus KC

Attorney‑General

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Schedules

5 Definitions

Part 2—Declaration as extradition country

6 Declaration of Republic of North Macedonia as an extradition country

7 Application of the Act

Part 3—Transitional provisions

8 Extradition requests made by the Republic of North Macedonia

9 Extradition requests made by the Former Yugoslav Republic of Macedonia

Schedule 1—Repeals

Extradition (Former Yugoslav Republic of Macedonia) Regulations 2009

Part 1—Preliminary

1 Name

This instrument is the Extradition (Republic of North Macedonia) Regulations 2023.

2 Commencement

Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this instrument The day after this instrument is registered. 19 April 2023

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.