Commonwealth Numbered Regulations - Explanatory Statements

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EXTRADITION (BRIBERY OF FOREIGN PUBLIC OFFICIALS) AMENDMENT REGULATIONS 2001 (NO. 1) 2001 NO. 196

STATUTORY RULES 2001 No. 196

Issued by the Authority of the Minister of Justice and Customs

Extradition Act 1988

Extradition (Bribery of Foreign Public Officials) Amendment Regulations 2001 (No. 1)

Section 55 of the Extradition Act 1988 ('the Act') provides that the Governor-General may make regulations prescribing all matters that are required or permitted by the Act to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act. An 'extradition country' is defined in section 5 of the Act as including a country, colony, territory or protectorate that is declared by the regulations to be an extradition country. Paragraph 11(1A) of the Act provides that regulations may apply the Act to a specified extradition country subject to such limitations, conditions, exceptions or qualifications as are necessary to give effect to a multilateral extradition treaty in relation to the country.

The Regulations insert the names of a number of countries in Schedule 2 to the Extradition (Bribery of Foreign Public Officials) Regulations 1999 (Statutory Rules 1999, No. 284) ('the existing Regulations'). These countries are: Argentina; Brazil; Czech Republic; Denmark; France; Italy; Netherlands; Poland; Portugal; Spain; Switzerland; and Turkey. Each of these countries has recently become a party to the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.

The existing Regulations give effect in Australian domestic law to the extradition provisions of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, opened for signature at Paris on 17 December 1997 ('the Convention'). The Convention requires each party to make it an offence to offer, promise or give away any undue pecuniary or other advantage to a foreign public official in order that the official act, or refrain from acting, in the performance of official duties, in order to obtain or retain business or other improper advantage in the conduct of international business. Each party is required to establish its jurisdiction over such conduct when the offence is committed wholly or partly within its territory and also, if the party has the requisite jurisdiction, when the offence is committed by a national of the party outside its territory. Article 10 provides for extradition between parties of persons accused of bribery of a foreign public official.

Schedule 2 to the existing Regulations specifies the Parties to the Convention to which the Extradition Act 1988 applies, as provided by regulations 4 and 5. This gives effect to Australia's obligation under Article 10 of the Convention to ensure that extradition for bribery of a foreign public official is possible between Australia and other parties to the Convention.

Details of the Regulations are as follows:

Regulation 1 names the Regulations.

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 provides that Schedule 1 amends the Extradition (Bribery of Foreign Public Officials) Regulations 1999 ('the existing Regulations').

Schedule 1 amends Schedule 2 to the existing Regulations by inserting the names of Argentina; Brazil; Czech Republic; Denmark; France; Italy; Netherlands; Poland; Portugal; Spain; Switzerland; and Turkey in the list of parties.