Extradition (Commonwealth Countries) Regulations (Amendment) (Cth)

STATUTORY RULES

1969 No. 135

 

REGULATIONS UNDER THE EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966-1968*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Extradition (Commonwealth Countries) Act 1966-1968.

Dated this first day of September, 1969.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Sgd. NIGEL BOWEN

Attorney-General.

 

Amendments of the Extradition (Commonwealth Countries)

Regulations  

1. After regulation 9 of the Extradition (Commonwealth Countries) Regulations the following regulation is inserted:—

Request to take evidence.

“9a.—(1.) For the purposes of section 33a of the Act, where a warrant has been issued in Australia for the apprehension of a person accused of an extraditable crime and that person is, or is suspected of being, in a declared Commonwealth country or within the jurisdiction of, or of a part of, a declared Commonwealth country, the Attorney-General may, by writing in accordance with Form 4 in the Schedule to these Regulations and directed to a Magistrate, request the Magistrate to take evidence in Australia for transmission to that country for use in any proceedings in that country for the surrender of the person to Australia.

“(2.) Where a request is so made to a Magistrate to take evidence, the Magistrate shall—

(a) take that evidence on oath or affirmation;

(b) in the case of evidence consisting of testimony given orally—reduce the testimony to writing; and

(c) send to the Attorney-General—

(i) in the case of evidence that is in writing—that writing certified by him to be evidence taken by him; and

(ii) in the case of evidence consisting of testimony reduced to writing—that writing certified by him to be a true record of testimony taken by him.”,

 

* Notified in the Commonwealth Gazette on  1969.

  Statutory Rules 1967, No. 46.

27616/68—Price 5c  10/17.1.1969

 

The Schedule.

2. The Schedule to the Extradition (Commonwealth Countries) Regulations is amended—

(a) by omitting from Forms 1 and 3 the words “or a Magistrate of the District Court of the Island of Nauru”;

(b) by omitting from Forms 1 and 3 the word “made” and inserting in its stead the words “in force”; and

(c) by adding at the end thereof the following form:—

Form 4 Regulation 9a.

Commonwealth of Australia

Extradition (Commonwealth Countries) Act 1966-1968

REQUEST TO TAKE EVIDENCE

To

a Chief [Stipendiary, Police, Resident or Special] Magistrate of the State of being a person holding an office specified in an arrangement in force under section 31 of the Extradition (Commonwealth Countries) Act I966-1968.

or

a Chief [Stipendiary, Police, Resident or Special] Magistrate of the Territory of

I, , the Attorney-General of the Commonwealth, inform you that a warrant has been issued in Australia [or in the Territory of ] for the apprehension of (in this request referred to as “the said fugitive”), being a person accused of an extraditable crime, and that the said fugitive is [or is suspected of being] in [or within the jurisdiction of, or of a part of]   , and I hereby request you to take such evidence in Australia as is produced to you for transmission to  for use in any proceedings in for the surrender of the said fugitive to Australia.

Dated this  day of , 19

(Signature)

Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra