EXTRADITION (SHIPS AND FIXED PLATFORMS) REGULATIONS 1993 NO. 86 EXTRADITION (SHIPS AND FIXED PLATFORMS) REGULATIONS 1993 NO. 86 - TABLE OF PROVISIONS 1. Citation 2. Commencement 3. Interpretation 4. Convention-extradition countries 5. Protocol-extradition countries 6. Application of the Act-Convention 7. Application of the Act-Protocol SCHEDULE 1 SCHEDULE 2 1993 No. 86 EXTRADITION (SHIPS AND FIXED PLATFORMS) REGULATIONS - REG 1 Citation 1. These Regulations may be cited as the Extradition (Ships and Fixed Platforms) Regulations. 1993 No. 86 EXTRADITION (SHIPS AND FIXED PLATFORMS) REGULATIONS - REG 2 Commencement 2. (1) Regulations 4 and 6 and Schedule 1 commence on the date of commencement of Part 2 of the Crimes (Ships and Fixed Platforms) Act 1992. (2) Regulations 5 and 7 and Schedule 2 commence on the date of commencement of Part 3 of the Crimes (Ships and Fixed Platforms) Act 1992. (NOTE: The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.) 1993 No. 86 EXTRADITION (SHIPS AND FIXED PLATFORMS) REGULATIONS - REG 3 Interpretation 3. In these Regulations, unless the contrary intention appears: "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; "relevant country" means a country specified in Schedule 1 or 2 to which, because of a specified law, the Act applies subject to: (a) a treaty; or (b) limitations, conditions, exceptions or qualifications; "specified law" means: (a) regulations made under paragraph 11 (1) (a) or (b) of the Act; or (b) subsection 11 (3) of the Act; (NOTE: Regulations made under paragraph 11 (1) (a) of the Act apply the Act to countries with which Australia has a bilateral extradition treaty. Regulations made under paragraph 11 (1) (b) of the Act apply the Act to countries with which the country's extradition arrangements with Australia do not depend on a treaty. Subsection 11 (3) of the Act provides for the limitations, conditions, exceptions and qualifications subject to which the Act applies to certain countries with which Great Britain had extradition treaties which now apply to Australia.) 1993 No. 86 EXTRADITION (SHIPS AND FIXED PLATFORMS) REGULATIONS - REG 4 Convention-extradition countries 4. Each of the countries specified in Schedule 1 is declared to be an extradition country. 1993 No. 86 EXTRADITION (SHIPS AND FIXED PLATFORMS) REGULATIONS - REG 5 Protocol-extradition countries 5. Each of the countries specified in Schedule 2 is declared to be an extradition country. 1993 No. 86 EXTRADITION (SHIPS AND FIXED PLATFORMS) REGULATIONS - REG 6 Application of the Act-Convention 6. (1) The Act applies to a country specified in Schedule 1 subject to the limitations, conditions, exceptions or qualifications set out in Articles 7, 10 and 11 of the Convention. (2) For the purpose of giving effect to the Convention in relation to a relevant country specified in Schedule 1, 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 relevant specified laws (as the case requires), the Act applies to that country. (3) Subregulation (2) does not affect the operation of subregulation (1). (NOTE: Schedule 1 lists the countries, other than Australia, that have ratified the Convention. Articles 7, 10 and 11 of the Convention impose obligations on Australia to extradite to other State Parties for offences listed in Article 3 of the Convention. An effect of Article 11 of the Convention is that Australian law governs the handling of extradition requests made to Australia under the Convention.) 1993 No. 86 EXTRADITION (SHIPS AND FIXED PLATFORMS) REGULATIONS - REG 7 Application of the Act-Protocol 7. (1) The Act applies to a country specified in Schedule 2 subject to the limitations, conditions, exceptions or qualifications set out in Article 1 of the Protocol. (2) For the purpose of giving effect to the Protocol in relation to a relevant country specified in Schedule 2, 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 relevant specified laws (as the case requires), the Act applies to that country. (3) Subregulation (2) does not affect the operation of subregulation (1). (NOTE: Schedule 2 lists the countries, other than Australia, that have ratified the Protocol. Article 1 of the Protocol imposes obligations on Australia to extradite to other State Parties for offences listed in Article 2 of the Protocol. An effect of Article 1 of the Protocol is that Australian law governs the handling of extradition requests made to Australia under the Protocol.) 1993 No. 86 EXTRADITION (SHIPS AND FIXED PLATFORMS) REGULATIONS - SCHEDULE 1 SCHEDULE 1 Regulation 4 CONVENTION STATES Austria China France Gambia Germany Hungary Italy Netherlands Norway Oman Poland Seychelles Spain Sweden Trinidad and Tobago United Kingdom 1993 No. 86 EXTRADITION (SHIPS AND FIXED PLATFORMS) REGULATIONS - SCHEDULE 2 SCHEDULE 2 Regulation 5 PROTOCOL STATES Austria China France Germany Hungary Italy Netherlands Norway Oman Poland Seychelles Spain Sweden Trinidad and Tobago United Kingdom - NOTES 1993 No. 86*1* EXTRADITION (SHIPS AND FIXED PLATFORMS) REGULATIONS *1* Notified in the Commonwealth of Australia Gazette on 17 May 1993.