Extradition (Commonwealth Countries) Amendment Regulations 2000 (No 1) (Cth)

Extradition (Commonwealth Countries) Amendment Regulations 2000 (No. 1)

Statutory Rules 2000 No. 178

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under theExtradition Act 1988.

Dated 5 July 2000

WILLIAM DEANE

Governor-General

By His Excellency’s Command

AMANDA VANSTONE

Minister for Justice and Customs

Extradition (Commonwealth Countries) Amendment Regulations 2000 (No. 1)1

Statutory Rules 2000 No. 1782

made under the

Extradition Act 1988

   

Contents

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1Name of Regulations

 These Regulations are the Extradition (Commonwealth Countries) Amendment Regulations 2000 (No. 1).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Extradition (Commonwealth Countries) Regulations

 Schedule 1 amends the Extradition (Commonwealth Countries) Regulations.

Schedule 1Amendments

(regulation 3)

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[1]Regulation 1

substitute

1Name of Regulations

 These Regulations are the Extradition (Commonwealth Countries) Regulations 1998.

[2]Regulation 6, heading

substitute

6Modification of s 19, Act — production of documents

[3]Subregulations 6 (1) and (2)

substitute

• (1)

  The Act applies in relation to each Commonwealth country specified in Part 1 of the Schedule subject to the limitation, condition, exception or qualification that, in addition to the supporting documents within the meaning of paragraph 19 (2) (a) of the Act, the following documents are required to be produced to a magistrate for the purposes of subsection 19 (1) of the Act:

  • (a)

    a statement of the identity, nationality and description of the person and, to the extent that is possible, of the whereabouts of the person;

  • (b)

    if the offence is an extradition offence of which the person is accused — documents that allow the prima facie evidence test to be satisfied.

• (2)

  For subregulation (1), a reference to the prima facie evidence test being satisfied is a reference to that test being satisfied as referred to in paragraph 11 (5) (b) of the Act.

[4]Paragraphs 6 (4) (a), (b), (c) and (d)

substitute

• (a)

  a statement of the identity, nationality and description of the person and, to the extent that is possible, of the whereabouts of the person;

• (b)

  if the offence is an extradition offence of which the person is accused:

  • (i)

    a recital of the evidence acquired to support the application for the surrender of the person to the Commonwealth country in relation to the offence;

  • (ii)

    an affidavit of an officer of an investigating authority of the Commonwealth country stating that:

    • (A)

      the recital of evidence mentioned in subparagraph (b) (i) was prepared by or under the direction of that officer; and

    • (B)

      the evidence mentioned in the recital in relation to the offence is available to be produced at the trial of that person;

  • (iii)

    a certificate of the Attorney-General of the Commonwealth country that, in the Attorney-General’s opinion, the recital mentioned in subparagraph (b) (i) discloses the existence of evidence under the law of that country that justifies prosecution of the person for the offence.

Notes

1. These Regulations amend Statutory Rules 1988 No. 281, as amended by 1992 No. 128; 1996 No. 227; 1997 No. 122.

2. Made by the Governor-General on 5 July 2000, and notified in the Commonwealth of Australia Gazette on 12 July 2000.