EXTRADITION (BRAZIL) REGULATIONS
- In force under the Extradition (Foreign States) Act 1966
- Reprinted as at 31 March 1988 (HISTREG CHAP 403 #DATE 31:03:1988)
*1* The Extradition (Brazil) Regulations (in force under the Extradition (Foreign States) Act 1966) as shown in this reprint comprise Statutory Rules 1974 No. 130 amended as indicated in the Tables below. Table of Statutory Rules ----------------------------------------------------------------------------- Year and number Date of notification in Gazette Date of commencement Application, saving or transitional provisions ----------------------------------------------------------------------------- 1974 No. 130 (a) 31 July 1974 31 July 1974 1983 No. 166 22 Sept 1983 22 Sept 1983 - 1985 No. 61 3 May 1985 3 May 1985 - 1987 No. 187 18 Sept 1987 18 Sept 1987 - ----------------------------------------------------------------------------- (a) The form of introductory words used to make Statutory Rules 1974 No. 130 was as follows: "WHEREAS I, the Governor-General of Australia, acting with the advice of the Executive Council, am satisfied that, if the Extradition (Foreign States) Act 1966-1974 applied in relation to the Federative Republic of Brazil, the law of that State would, with or without any limitations, conditions, exceptions or qualifications, permit the surrender to Australia of persons accused or convicted of extraditable crimes within the meaning of Part IV who are found in that State, or within the jurisdiction of, or of a part of, that State: "NOW THEREFORE I, the Governor-General of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Extradition (Foreign States) Act 1966-1974." Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted ----------------------------------------------------------------------------- Provision affected How affected ----------------------------------------------------------------------------- R. 1A ............... ad. 1983 No. 166 R. 2 ............... am. 1983 No. 166; 1985 No. 61; 1987 No. 187 R. 3 ............... am. 1983 No. 166 ----------------------------------------------------------------------------- EXTRADITION (BRAZIL) REGULATIONS - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
1A. Interpretation
2. Application of Act
3. Limitations etc. in relation to application of Act
EXTRADITION (BRAZIL) REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Extradition (Brazil) Regulations.
*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
EXTRADITION (BRAZIL) REGULATIONS - REG 1A
Interpretation
1A. In these Regulations, "the Act" means the Extradition (Foreign States)
Act 1966.
EXTRADITION (BRAZIL) REGULATIONS - REG 2
Application of Act
2. (1) The Act applies to the Federative Republic of Brazil subject to the
limitations, conditions, exceptions or qualifications specified in regulation
3.
(2) The Act applies to the Federative Republic of Brazil subject also to the
following treaties:
(a) the Single Convention on Narcotic Drugs, 1961 as subsequently amended
(being the Convention referred to in, and a copy of the English text of which
is set out in the Schedule to, the Extradition (Narcotic Drugs) Regulations);
(b) the Convention for the Suppression of Unlawful Seizure of Aircraft
(being the Convention referred to in the Crimes (Hijacking of Aircraft) Act
1972);
(c) the Convention for the Suppression of Unlawful Acts against the Safety
of Civil Aviation (being the Convention referred to in the Crimes (Protection
of Aircraft) Act 1973);
(d) the Convention on the Prevention and Punishment of Crimes against
Internationally Protected Persons, including Diplomatic Agents (being the
Convention referred to in the Crimes (Internationally Protected Persons) Act
1976).
(e) the Convention on the Physical Protection of Nuclear Material (being
the Convention referred to in, and the English text of which is set out in
Schedule 4 to, the Nuclear Non-Proliferation (Safeguards) Act 1987).
EXTRADITION (BRAZIL) REGULATIONS - REG 3
Limitations etc. in relation to application of Act
3. A person is not liable to be surrendered to the Federative Republic of
Brazil in respect of an offence-
(a) unless the penalty for the offence is imprisonment for more than one
year; or
(b) unless, in the case where the offence is punishable by death,
assurances satisfactory to Australia are given by the Federative Republic of
Brazil that the penalty of death will not be imposed or, if the law of the
Federative Republic of Brazil provides that no penalty other than the penalty
of death shall be imposed, that penalty will not be carried out and will be
commuted into a penalty depriving the person of liberty,
and unless an undertaking is given to Australia by the Federative Republic of
Brazil that the person will not be surrendered to another State by the
Federative Republic of Brazil without the permission of Australia.
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