Commonwealth Numbered Regulations - Explanatory Statements

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EXTRADITION (FEDERATIVE REPUBLIC OF BRAZIL) REGULATIONS 1996 NO. 170

Statutory Rules 1996 No. 170

Issued by the Authority of the Attorney-General and Minister for Justice

Extradition Act 1988

Extradition (Federative Republic of Brazil) Regulations

Section 55 of the Extradition Act 1988 (the Act) provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Paragraph 11(1)(a) 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 bilateral extradition treaty between Australia and that country, being a treaty a copy of which is set out in the regulations.

An extradition treaty between Australia and the Federative Republic of Brazil was signed in Canberra on 22 August 1994. The Treaty was tabled in the Senate on 30 November 1994 and the House of Representatives on 5 December 1994. In accordance with the Government's policy on greater parliamentary involvement in Australia's treaty-making processes, the National Interest Analysis for the Treaty was tabled in Parliament on 21 May 1996.

On 22 April 1996, the Federative Republic of Brazil notified Australia, in accordance with Article 21 of the Treaty, that its domestic requirements for the Treaty's entry into force had been satisfied. The Regulations will enable Australia to give domestic effect to the Treaty. The Treaty enters into force 30 days after the Contracting Parties have notified each other that they have complied with their respective requirements for the entry into force of the Treaty. The Federative Republic of Brazil will be notified on 2 August 1996 that Australia's requirements for the Treaty's entry into force have been complied with. Thirty days after that date, that is on 1 September 1996, the Treaty will enter into force between Australia and the Federative Republic of Brazil, which is also the commencement date of the proposed Regulations.

Australia presently has an extradition relationship with Brazil on a non-treaty basis. Australia is able to extradite to Brazil by way of the Extradition (Brazil) Regulations (Statutory Rules 1988 No. 299) which apply the Act to Brazil.

The Treaty will replace the existing non-treaty application of the Act to Brazil. As with all of Australia's extradition treaties the extradition treaty with the Federative Republic of Brazil contains all the internationally accepted human rights safeguards which are now a part of modern extradition. Under the Treaty, extradition will not be permitted where the person is sought for, or in connection with his or her race, religion, nationality or political opinions. Extradition is also not permitted where the person would be subjected to to death penalty or tried, sentenced or detained for a political or military law offence.

Details of the Regulations are as follows:

Regulation 1 is a citation provision.

Regulation 2 provides for the Regulations to commence on 1 September 1996, on which date the Treaty comes into force between Australia and the Federative Republic of Brazil.

Regulation 3 declares the Federative Republic of Brazil to be an extradition country.

Regulation 4 applies the Act to the Federative Republic of Brazil subject to the Treaty, the English language text of which is reproduced as a Schedule to the Regulations.

Regulation 5 repeals the Extradition (Brazil) Regulations (Statutory Rules 1988 No. 299), which currently apply the Extradition Act 1988 to Brazil on a non-treaty basis.