Federal Register of Legislation - Australian Government

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SLI 2007 No. 269 Regulations as made
These Regulations amend the Extradition (Physcial Protection of Nuclear Material) Regulations which currently implement the Convention on the Physical Protection of Nuclear Material, to which Australia is a party, to update the list of countries to which the Extradition Act 1988 applies, subject to the Convention, to include all countries that are currently States Parties to the Convention, and reflect recent changes to the Convention relating to political offences.
Administered by: Attorney-General's
General Comments: Schedule 2 of these Regulations commence on the day on which the amendments to the Convention on the Physical Protection of Nuclear Material done at Vienna and at New York on 3 March 1980 enter into force for Australia.
Registered 11 Sep 2007
Tabling HistoryDate
Tabled HR13-Sep-2007
Tabled Senate13-Sep-2007
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Extradition (Physical Protection of Nuclear Material) Amendment Regulations 2007 (No. 1)1

Select Legislative Instrument 2007 No. 269

I, PHILIP MICHAEL JEFFERY, 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 6 September 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

DAVID ALBERT LLOYD JOHNSTON


1              Name of Regulations

                These Regulations are the Extradition (Physical Protection of Nuclear Material) Amendment Regulations 2007 (No. 1).

2              Commencement

                These Regulations commence as follows:

                 (a)     on the day after they are registered — regulations 1 to 3 and Schedule 1;

                (b)     on the day on which the amendments done at Vienna on 8 July 2005 to the Convention on the Physical Protection of Nuclear Material done at Vienna and at New York on 3 March 1980 enter into force for Australia — Schedule 2.

3              Amendment of Extradition (Physical Protection of Nuclear Material) Regulations

         (1)   Schedule 1 amends the Extradition (Physical Protection of Nuclear Material) Regulations.

         (2)   Schedule 2 amends the Extradition (Physical Protection of Nuclear Material) Regulations as amended by Schedule 1.


Schedule 1        Amendments commencing on day after registration

(subregulation 3 (1))

  

[1]           Regulation 1

substitute

1              Name of Regulations

                These Regulations are the Extradition (Physical Protection of Nuclear Material) Regulations 1988.

[2]           Regulations 3 and 4

substitute

3              Declaration of extradition countries

                For these Regulations, each country, colony, territory or protectorate mentioned in Schedule 1 is declared to be an extradition country.

4              Application of the Act

                The Act applies, subject to the Physical Protection Convention, in relation to each extradition country mentioned in Schedule 1.

[3]           Schedule

substitute

Schedule 1        Extradition countries to which the Act applies subject to the Physical Protection Convention

(regulations 3 and 4)


Afghanistan

Albania

Algeria

Andorra

Antigua and Barbuda

Argentina

Armenia

Austria

Azerbaijan

Bangladesh

Belarus

Belgium

Bolivia

Bosnia and Herzegovina

Botswana

Brazil

Bulgaria

Burkina Faso

Cambodia

Cameroon

Canada

Cape Verde

Chile

China

Colombia

Comoros

Congo, Democratic Republic of the

Costa Rica

Croatia

Cuba

Cyprus

Czech Republic

Denmark

Djibouti

Dominica

Ecuador

Equatorial Guinea

Estonia

Finland

France

Georgia

Germany

Ghana

Greece

Grenada

Guatemala

Guinea

Honduras

Hungary

Iceland

India

Indonesia

Ireland

Israel

Italy

Jamaica

Japan

Kazakhstan

Kenya

Korea, Republic of

Kuwait

Latvia

Lebanon

Libya

Liechtenstein

Lithuania

Luxembourg

Macedonia, Former Yugoslav Republic of

Madagascar

Mali

Malta

Marshall Islands, Republic of the

Mexico

Moldova, Republic of

Monaco

Mongolia

Montenegro

Morocco

Mozambique

Namibia

Nauru

Netherlands

New Zealand

Nicaragua

Niger

Nigeria

Norway

Oman

Pakistan

Palau

Panama

Paraguay

Peru

Philippines

Poland

Portugal

Qatar

Romania

Russian Federation

Senegal

Serbia

Seychelles

Slovakia

Slovenia

Spain

Sudan

Swaziland

Sweden

Switzerland

Tajikistan

Tanzania

Togo

Tonga

Trinidad and Tobago

Tunisia

Turkey

Turkmenistan

Uganda

Ukraine

United Arab Emirates

United Kingdom

United States of America

Uruguay

Uzbekistan

Yemen


Schedule 2        Amendments commencing on day on which amendments done at Vienna on 8 July 2005 to the Convention on the Physical Protection of Nuclear Material enter into force for Australia

(subregulation 3 (2))

  

[1]           Regulation 2

substitute

2              Definitions

                In these Regulations:

Act means the Extradition Act 1988.

Physical Protection Convention means the Convention on the Physical Protection of Nuclear Material done at Vienna and at New York on 3 March 1980, a copy of the English text of which is set out in Schedule 4 to the Nuclear Non‑Proliferation (Safeguards) Act 1987, as amended by the amendments done at Vienna on 8 July 2005.

[2]           After regulation 4

insert

5              Declaration of offence that is not a political offence

                For paragraph (b) of the definition of political offence in section 5 of the Act, an offence mentioned in article 7 of the Physical Protection Convention is declared not to be a political offence in relation to each extradition country mentioned in Schedule 1.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.