S.I. No. 134/2022 - Extradition (Australia) Order 2022

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

GIVEN under my Official Seal,

22 March, 2022.

SIMON COVENEY,

Minister for Foreign Affairs.

EXPLANATORY NOTE

(

This note is not part of the Instrument and does not purport to be a legal interpretation.

)

The effect of this Order is to apply the provisions of Part II of the

Extradition Act 1965

to Australia in respect of offences specified in Article II of the Treaty on Extradition between Ireland and Australia, done at Dublin on 2 September 1985. Article II was amended to include revenue offences by an Exchange of Letters dated 2 April 2019 (the terms of which are set out in Schedule 2 to the Order).

3. The requesting State shall bear the expenses incurred in conveying the person from the territory of the requested State.

Article XVI

Entry into force and termination

4. Where a person is being held in custody pursuant to paragraph 3, the Contracting Party in whose territory the person is being held may direct that the person be released if his transportation is not continued within a reasonable time.

5. The Contracting Party to which the person is being extradited shall reimburse the other Contracting Party for any expense incurred by that other Contracting Party in connection with the transit.

Article XV

Expenses

6. The provisions of Article VII shall apply mutatis mutandis to an application for provisional arrest.

Article IX

Multiple requests

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

25

th March,

2022.

WHEREAS, by the Treaty on Extradition between the State and Australia (the terms of which are set out in Schedule 1 to the following Order), done at Dublin on 2 September 1985 (referred to subsequently in these recitals as “the Treaty”), an arrangement was made with Australia for the surrender of persons wanted for prosecution or punishment for an offence specified in Article II thereof;

AND WHEREAS the terms of the Treaty were approved by Dáil Éireann by resolution passed by it on 29 June 1988;

AND WHEREAS by notes exchanged at Canberra on 27 February 1989, the State and Australia have, in accordance with the Treaty, notified each other that their respective requirements for the entry into force of the Treaty have been complied with;

AND WHEREAS by an exchange of letters dated 2 April 2019 (the terms of which are set out in Schedule 2 to the following Order), an arrangement (referred to in

section 8

(2) of the

Extradition Act 1965

(No. 17 of 1965)) was made between the Government and the Government of Australia to amend the Treaty;

NOW I, SIMON COVENEY, Minister for Foreign Affairs, in exercise of the powers conferred on me by

section 8

(amended by

section 57

(3) of the

Criminal Justice (Terrorist Offences) Act 2005

(No. 2 of 2005)) of the

Extradition Act 1965

(No. 17 of 1965) (as adapted by the Foreign Affairs and Trade (Alteration of Name of Department and Title of Minister) Order 2020 (

S.I. No. 382 of 2020

) and the Justice and Equality (Alteration of Name of Department and Title of Minister) Order 2020 (

S.I. No. 452 of 2020

)), and after consultation with the Minister for Justice, hereby order as follows