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

Statutory Rules 1986 No. 2161

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Extradition (Commonwealth Countries) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of 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.

Dated 20 August 1986.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

LIONEL BOWEN

Attorney-General

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Principal Regulations

1. In these Regulations, “Principal Regulations” means the Extradition (Commonwealth Countries) Regulations.

Form of warrant for surrender of fugitive for purposes of sub-sections 17a (1) and (3) of the Act

2.Regulation 23 of the Principal Regulations is amended—

(a) by omitting from sub-regulation (1) “sub-section 17 (2)” and substituting “sub-section 17a (1)”; and

(b) by omitting from sub-regulation (2) “sub-section 17 (2b)” and substituting “sub-section 17a (3)”.

Schedule

3. The Schedule to the Principal Regulations is amended by omitting Form 13 and substituting the form set out in the Schedule to these Regulations.

 

SCHEDULE Regulation 3

NEW FORM TO BE INSERTED IN THE SCHEDULE TO THE PRINCIPAL REGULATIONS

FORM 13 Regulation 23

COMMONWEALTH OF AUSTRALIA

Extradition (Commonwealth Countries) Act 1966

WARRANT FOR SURRENDER OF FUGITIVE UNDER SUB-SECTION *17a (1)/*17a (3)

TO

WHEREAS I, , Attorney-General of the Commonwealth of Australia—

(a) am satisfied that , a fugitive from (insert name of Commonwealth country)who * is accused/ *has been convicted/ of the offence of against the law of *a part of/ that country, is liable to be surrendered to (insert name of Commonwealth country); and

(b) am not of the opinion—

(i) that the offence referred to in paragraph (a) is, either in essence or by reason of the circumstances in which it *is alleged to have been/ *was/ committed, an offence of a political character; or

(ii) that the requisition for the surrender of has in fact been made with a view to try or punish *him/ *her/ for an offence of a political character:

NOW THEREFORE I, pursuant to sub-section *17a (1)/ *17a (3)/ of the Extradition (Commonwealth Countries) Act 1966, hereby command you to take  into your custody and to convey *him/ *her/ to a place *in/ * within the jurisdiction of/ *a part of/ (insert name of Commonwealth country)and there to surrender *him/ *her/ to the person appointed by that country to receive *him/ *her.

Dated 19 .

Attorney-General

* Omit if inapplicable.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 28 August 1986.

2. Statutory Rules 1967 No. 46 as amended by 1969 No. 135, 1970 No. 201; 1975 No. 211; 1985 Nos. 62, 264 and 287.