Extradition (Brazil) Regulations (Cth)

Statutory Rules 1988 No. 299 1

Extradition (Brazil) Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and pursuant to section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations

under the Extradition Act 1988.

Dated 24 November 1988.

N. M. STEPHEN Governor-General

By His Excellency's Command.

LIONEL BOWEN Attorney-General

Citation

1. These Regulations may be cited as the Extradition (Brazil) Regulations.

Interpretation

2. In these Regulations, unless the contrary intention appears:

"relevant act or omission" means an act or omission by a person in

conditions, exceptions or qualifications specified in regulation 5.

relation to an offence to which an extradition request for the

surrender of the person relates, being an act or omission:

(a) that is, in or in connection with the request, alleged to have taken place; or

(b) of which evidence is produced in connection with the request;

"requesting country" means Brazil;

"the Act" means the Extradition Act 1988.

Declaration of Brazil as extradition country

3. Brazil is declared to be an extradition country.

Application of Act in relation to Brazil

4. The Act applies in relation to Brazil subject to the limitations,

1480 Extradition (Brazil) 1988 No. 299

Limitations, etc. in relation to application of Act

5. (1) A person is not liable to be surrendered to the requesting country under a surrender warrant or temporary surrender warrant under Part II of the Act for an offence to which an extradition request by that country relates if:

(a)

had the relevant act or omission been alleged to have been committed by the person in, or within the jurisdiction of, the part of Australia where the person was found, the period within which proceedings could, in accordance with the law in force in that part of Australia, have been commenced against the person in respect of the offence constituted under that law by the act or omission would, at the time when the extradition request was made, have expired; or

(b)

the relevant act or omission is, under the law in force in any part of Australia, regarded as constituting an offence committed by the person, either in whole or in part, in, or within the jurisdiction of, Australia or that part of Australia.

(2) The Attorney-General shall not issue a surrender warrant or temporary surrender warrant under Part II of the Act in relation to a person if the person, on being extradited to the requesting country, would be liable to be tried in that country by a court or tribunal:

(a)	that has been specially established for the purpose of trying the person's case; or
(b)	that is only occasionally, or under exceptional circumstances, authorised to try persons accused of the offence to which the extradition request relates.

(3) The conditions specified under subregulations (1) and (2) in relation to the issue of a surrender warrant or temporary surrender warrant apply in addition to any condition to which, under the Act, the issue of the relevant warrant is subject.

(4) The Attorney-General may decline to issue a surrender warrant or

temporary surrender warrant under Part II of the Act in relation to a person

if:

(a) the person is an Australian citizen; or

(b) the Attorney-General, while taking into account the nature of the offence to which the extradition request relates and the interests of the requesting country, is nevertheless of the opinion t h a t, in the circumstances of the c a s e, it would be u n j u s t, oppressive or incompatible with humanitarian considerations to surrender the person to that country.

NOTE

1. Notified in the Commonwealth of Australia Gazette