Federal Register of Legislation - Australian Government

Primary content

Extradition (Ireland) Amendment Regulations 2021

Authoritative Version
  • - F2021L00529
  • In force - Latest Version
Regulations as made
This instrument gives effect in Australian domestic law to a proposed amendment to the Treaty on Extradition between Australia and Ireland.
Administered by: Attorney-General's
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 26
Registered 30 Apr 2021
Tabling HistoryDate
Tabled HR11-May-2021
Tabled Senate11-May-2021
Table of contents.

Commonwealth Coat of Arms of Australia

 

Extradition (Ireland) Amendment Regulations 2021

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 29 April 2021

David Hurley

Governor‑General

By His Excellency’s Command

Amanda Stoker

Assistant Minister to the Attorney‑General
Parliamentary Secretary to the Attorney‑General

 

 

 

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Extradition (Ireland) Regulations                                                                                                      2

 


1  Name

                   This instrument is the Extradition (Ireland) Amendment Regulations 2021.

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 later of:

(a) the day after this instrument is registered; and

(b) the day the amendments of the Treaty on Extradition between Australia and Ireland, agreed to by Australia and Ireland, done by an exchange of letters on 2 April 2019, come into force.

However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.

The Minister must announce, by notifiable instrument, the day the amendments come into force for Australia.

 

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.

Schedule 1Amendments

  

Extradition (Ireland) Regulations

1  Regulation 5

Repeal the regulation, substitute:

5  Application of Act

                   For the purposes of paragraph 11(1)(a) of the Act, the Act applies to Ireland subject to:

                     (a)  the Treaty on Extradition between Australia and Ireland done at Dublin on 2 September 1985, a copy of which is set out in Schedule 1; and

                     (b)  an exchange of letters, amending the treaty, between the Irish Tánaiste and Minister for Foreign Affairs and Trade and the Australian Ambassador to Ireland on 2 April 2019, a copy of which is set out in Schedule 2.

2  Schedule (heading)

Repeal the heading, substitute:

Schedule 1Treaty on Extradition between Australia and Ireland done at Dublin on 2 September 1985

Note:       See paragraph 5(a).

  

3  At the end of the instrument

Add:

Schedule 2Exchange of letters between the Irish Tánaiste and Minister for Foreign Affairs and Trade and the Australian Ambassador to Ireland

Note:       See paragraph 5(b).

  

 

Oifig an Tánaiste

Aire Gnóthai Eachtracha agus Trádála

Office of the Tánaiste

Minister for Foreign Affairs and Trade

 

 

 

2 April 2019

H.E. Richard Seymour Andrews

Ambassador to Ireland

Australian Embassy Ireland

Level 2

47, 49 St Stephen’s Green

Dublin 2

Ireland

D02 W634

Dear Ambassador,

I have the honour to refer to your Excellency’s Letter of 2 April 2019 which reads as follows:

“I have the honour to refer to the Treaty on Extradition between Australia and Ireland, done at Dublin on 2 September 1985.

In September 2013 it was proposed to amend the said Treaty as follows:

1.       By deleting Article III, paragraph 2(a); and

2.       By inserting a new paragraph 5 in Article II of the Treaty concerning revenue offences, to provide as follows:

‘5.       (a)     For the purposes of this Treaty a revenue          offence is an extraditable offence.

(b)     A ‘revenue offence’ means an offence in connection with taxes, duties, customs or exchange control.

(c)     Extradition shall not be refused on the ground that the rules or laws relating to taxes, duties, customs or exchange control that apply in the requesting State differ in nature from the rules or laws that apply to taxes, duties, customs or exchange control in the requested State.’

I have the honour to advise that the foregoing proposal is acceptable to the Government of Australia.

I further propose that this letter and your response confirming Ireland’s agreement to the foregoing proposal shall constitute an agreement between our two Governments, which shall enter into force upon an exchange of notes through diplomatic channels confirming that each side has completed its necessary domestic requirements.”

I have the honour to confirm the agreement of the Government of Ireland to the proposal set out in your Excellency’s Letter.

Yours sincerely

Simon Coveney, T.D.,

Tánaiste and Minister for Foreign Affairs and Trade

THE AMBASSADOR                                                                    AUSTRALIAN EMBASSY DUBLIN

2 April 2019

Mr Simon Coveney TD

Tánaiste and Minister for Foreign Affairs and Trade

Iveagh House

80 St Stephen’s Green

Dublin 2

Ireland

D02 VY53

Dear Minister,

I have the honour to refer to the Treaty on Extradition between Australia and Ireland, done at Dublin on 2 September 1985.

In September 2013 it was proposed to amend the said Treaty as follows:

1.                By deleting Article III, paragraph 2(a); and

2.                By inserting a new paragraph 5 in Article II of the Treaty concerning revenue offences, to provide as follows:

‘5.        (a)        For the purposes of this Treaty a revenue offence is

an extraditable offence.

(b)        A ‘revenue offence’ means an offence in connection with taxes, duties, customs or exchange control.

(c)        Extradition shall not be refused on the ground that the rules or laws relating to taxes, duties, customs or exchange control that apply in the requesting State differ in nature from the rules or laws that apply to taxes, duties, customs or exchange control in the requested State.’

I have the honour to advise that the foregoing proposal is acceptable to the Government of Australia.

I further propose that this letter and your response confirming Ireland’s agreement to the foregoing proposal shall constitute an agreement between our two Governments, which shall enter into force upon an exchange of notes through diplomatic channels confirming that each side has completed its necessary domestic requirements.

Yours sincerely

Richard Seymour Andrews
Ambassador to Ireland