Commonwealth Consolidated Regulations

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EXTRADITION (TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES) REGULATIONS - REG 5

Application of the Act

(1)
The Act applies to each specified country subject to the limitations, conditions, exceptions or qualifications set out in article 6 of the UN Convention.

(2)
For the purpose of giving effect to the UN Convention in relation to a relevant country, the Act applies to that country subject to:

(a)
any extradition treaty; or

(b)
any limitations, conditions, exceptions or qualifications;

subject to which, because of a relevant specified law or each relevant specified law (as the case requires), the Act applies to that country.

(3)
Subregulation (2) does not affect the operation of subregulation (1).

Note    the Schedule lists the countries, other than Australia, that are parties to the UN Convention. Article 6 of that Convention imposes an obligation on Australia to extradite to other State Parties for convention offences (i.e., the offences listed in Article 3 Paragraph 1 of the UN Convention). Paragraph 5 of Article 6 provides, in effect, that Australian law governs the handling of extradition requests made to Australia under the UN Convention.

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