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SLI 2009 No. 267 Regulations as made
These Regulations amend the Extradition (Transnational Organised Crime) Regulations 2004 to remove the list of countries in Schedule 2 and declare that a country, or a colony, territory or protectorate of a country, for which the Convention or the Protocols are in force is an ‘extradition country’ for the purposes of section 5 of the Extradition Act 1988(the Act) and that the Act applies subject to the Convention for those countries that are a party to the Convention.
Administered by: Attorney-General's
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 43
Registered 13 Oct 2009
Tabling HistoryDate
Tabled HR19-Oct-2009
Tabled Senate26-Oct-2009
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Extradition (Transnational Organised Crime) Amendment Regulations 2009 (No. 1)1

Select Legislative Instrument 2009 No. 267

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 8 October 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

BRENDAN O’CONNOR


1              Name of Regulations

                These Regulations are the Extradition (Transnational Organised Crime) Amendment Regulations 2009 (No. 1).

2              Commencement

                These Regulations commence on the day after they are registered.

3              Amendment of Extradition (Transnational Organised Crime) Regulations 2004

                Schedule 1 amends the Extradition (Transnational Organised Crime) Regulations 2004.


Schedule 1        Amendments

(regulation 3)

 

 [1]          Regulations 4 and 5

substitute

4              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 38 of the Convention in Part 1 of Schedule 1.

Note 2   The countries for which the Convention is currently in force are listed on the United Nations website at http://www.un.org.

5              Extradition countries — Smuggling 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 Smuggling Protocol is in force is an extradition country.

Note 1   For when the Smuggling Protocol enters into force for a State, see Article 22 of the Smuggling Protocol in Part 2 of Schedule 1.

Note 2   The countries for which the Smuggling Protocol is currently in force are listed on the United Nations website at http://www.un.org.

6              Extradition countries — Trafficking 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 Trafficking Protocol is in force is an extradition country.

Note 1   For when the Trafficking Protocol enters into force for a State, see Article 17 of the Trafficking Protocol in Part 3 of Schedule 1.

Note 2   The countries for which the Trafficking Protocol is currently in force are listed on the United Nations website at http://www.un.org.

7              Application of the Act — Convention

                The Act applies, subject to the Convention, to an extradition country mentioned in regulation 4.

8              Application of the Act — Smuggling Protocol

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

9              Application of the Act — Trafficking Protocol

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

[2]           Schedule 2

omit


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.