Commonwealth legislation

Extradition (Ships and Fixed Platforms) Regulations 2009

In ForceCTH

Jurisdiction

Commonwealth

Act Number

96 of 2009

Collection

legislative instrument

Plain English Summary

2/10 complexity

Mechanically, these Regulations treat any State (or its colonies, territories or protectorates) for which the IMO Convention or its Protocol on crimes against ships and fixed platforms is in force as an “extradition country” under the Extradition Act, and make the Act apply in those cases subject to the Convention or Protocol. The instrument also repeals the earlier regulations of the same name. This changes which foreign jurisdictions trigger Australia’s extradition rules and delegates determination of those States to the Convention/Protocol entry-into-force rules and the IMO’s registry (regs 3, 5–8).

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Extradition (Ships and Fixed Platforms) Regulations 2009

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Extradition (Ships and Fixed Platforms) Regulations 20091

Select Legislative Instrument 2009 No. 96

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 (Ships and Fixed Platforms) Regulations 2009.

2 Commencement

These Regulations commence on the day after they are registered.

3 Repeal

The Extradition (Ships and Fixed Platforms) Regulations are repealed.

4 Definitions

In these Regulations:

Act means the Extradition Act 1988.

Convention has the same meaning as in the Crimes (Ships and Fixed Platforms) Act 1992.

Protocol has the same meaning as in the Crimes (Ships and Fixed Platforms Act) 1992.

5 Extradition countries — 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 Convention is in force is an extradition country.

Note 1 For when the Convention enters into force for a State, see Article 18 of the Convention in Schedule 1 to the Crimes (Ships and Fixed Platforms) Act 1992.

Note 2 The countries for which the Convention is currently in force are listed on the website of the International Maritime Organization at http://www.imo.org.

6 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 6 of the Protocol in Schedule 2 to the Crimes (Ships and Fixed Platforms) Act 1992.

Note 2 The countries for which the Protocol is currently in force are listed on the website of the International Maritime Organization at http://www.imo.org.

7 Application of the Act — Convention

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

8 Application of the Act — Protocol

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

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 (Ships and Fixed Platforms) Regulations 2009