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

Statutory Rules 1985 No. 2871

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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 31 October 1985.

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.

Repeal of regulation 5

2. Regulation 5 of the Principal Regulations is repealed.

Repeal of regulation 9a

3. Regulation 9a of the Principal Regulations is repealed.

4. Regulation 16 of the Principal Regulations is repealed and the following regulations are substituted:

Form of notice by Attorney-General for purposes of sub-section 12 (1) of the Act

“16. (1) The form prescribed for the purposes of paragraph 12 (1) (a) of the Act is Form 4 in the Schedule.

 

“(2) The form prescribed for the purposes of paragraph 12 (1) (b) of the Act is Form 5 in the Schedule.

Form of application for issue of warrant of apprehension for purposes of paragraph 14 (1) (b) of the Act

“17. For the purposes of paragraph 14 (1) (b) of the Act, an application for the issue of a warrant referred to in that paragraph shall be made in writing and shall be in accordance with Form 6 in the Schedule.

Form of warrant of apprehension for purposes of sub-section 14 (1) of the Act

“18. The form prescribed for the purposes of sub-section 14 (1) of the Act is—

(a) in a case where paragraph 14 (1) (a) of the Act applies—Form 7 in the Schedule; or

(b) in a case where paragraph 14 (1) (b) of the Act applies—Form 8 in the Schedule.

Form of search warrant for purposes of sub-section 14b (1) of the Act

“19. The form prescribed for the purposes of sub-section 14b (1) of the Act is Form 9 in the Schedule.

Committal of person to prison under sub-section 15 (5b) of the Act

“20. The committal of a person to prison under sub-section 15 (5b) of the Act shall be by warrant in accordance with Form 10 in the Schedule.

Form of warrant of commitment for purposes of sub-section 15 (6) of the Act

“21. The form prescribed for the purposes of sub-section 15 (6) of the Act is Form 11 in the Schedule.

Form of warrant of apprehension for purposes of sub-section 16a (2) of the Act

“22. The form prescribed for the purposes of sub-section 16a (2) of the Act is Form 12 in the Schedule.

Form of warrant for surrender of fugitive for purposes of sub-sections 17 (2) and (2b) of the Act

“23. (1) The form prescribed for the purposes of sub-section 17 (2) of the Act is Form 13 in the Schedule.

“(2) The form prescribed for the purposes of sub-section 17 (2b) of the Act is Form 13 in the Schedule.

Form of indorsement on warrant for purposes of sub-section 24 (1) of the Act

“24. The form prescribed for the purposes of sub-section 24 (1) of the Act is Form 14 in the Schedule.

 

Form of warrant of apprehension for purposes of section 25 of the Act

“25.The form prescribed for the purposes of section 25 of the Act is Form 15 in the Schedule.

Form of search warrant for purposes of sub-section 25b (1) of the Act

“26.The form prescribed for the purposes of sub-section 25b (1) of the Act is Form 16 in the Schedule.

Form of warrant for surrender of person for purposes of sub-section 26 (5) of the Act

“27.The form prescribed for the purposes of sub-section 26 (5) of the Act is Form 17 in the Schedule.

Form of warrant of apprehension for purposes of sub-section 28 (1 a) of the Act

“28.The form prescribed for the purposes of sub-section 28 (1A) of the Act is Form 18 in the Schedule.

Form of warrant to hold person in custody during transit for purposes of paragraph 33aa (2) (b) of the Act

“29.The form prescribed for the purposes of paragraph 33aa (2) (b) of the Act is Form 19 in the Schedule.

Form of authorisation to take evidence for purposes of sub-section 33ab (1) of the Act

“30.The form prescribed for the purposes of sub-section 33ab(1) of the Act is Form 20in the Schedule.

Form of authorisation to take evidence for purposes of sub-section 33a (1) of the Act

“31.The form prescribed for the purposes of sub-section 33a (1) of the Act is Form 21 in the Schedule.”.

The Schedule

5. The Schedule to the Principal Regulations is amended—

(a) by omitting Form l; and

(b) by omitting Form 4 and substituting the forms set out in the Schedule to these Regulations.

Repeal

6. Statutory Rules 1985 No. 264 are repealed.

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SCHEDULERegulation 5

FORMS TO BE INSERTED IN THE SCHEDULE TO THE PRINCIPAL REGULATIONS

FORM 4 Sub-regulation 16 (1)

COMMONWEALTH OF AUSTRALIA

Extradition (Commonwealth Countries) Act 1966

NOTICE BY ATTORNEY-GENERAL UNDER PARAGRAPH 12 (1) (a)

WHEREAS—

(a) a requisition has been made to me, , Attorney-General of the Commonwealth of Australia, by  , a declared Commonwealth country for the purposes of the Extradition (Commonwealth Countries) Act 1966, for the surrender of , a fugitive who *is accused/*has been convicted/of the offence of  against the law of *a part of/that country and is *suspected of being/ in or on the way to Australia; and

(b) a warrant for the apprehension of has not been issued under section 14 of that Act:

NOW THEREFORE I, , Attorney-General of the Commonwealth of Australia, being of the opinion that—

(c)  is liable to be surrendered to (insert name of Commonwealth country);

(d) the offence to which the requisition relates is, neither in essence nor by reason of the circumstances in which it *is alleged to have been/ *was/ committed, an offence of a political character; and

(e) the requisition has not been made with a view to try or punish for an offence of a political character,

pursuant to paragraph 12 (1) (a) of the Extradition (Commonwealth Countries) Act 1966, hereby state that the above-mentioned requisition has been made and authorise the issuing by any Magistrate of a warrant for the apprehension of

Dated 19 .

Attorney-General

* Omit if inapplicable.

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SCHEDULE—continued

FORM 5 Sub-regulation 16 (2)

COMMONWEALTH OF AUSTRALIA

Extradition (Commonwealth Countries) Act 1966

NOTICE BY ATTORNEY-GENERAL UNDER PARAGRAPH 12 (1) (b)

TO any Magistrate before whom the person apprehended under the warrant referred to in this notice is brought.

WHEREAS—

(a) a requisition has been made to me, , Attorney-General of the Commonwealth of Australia, by  , a declared Commonwealth country for the purposes of the Extradition (Commonwealth Countries) Act 1966, for the surrender of , a fugitive who *is accused/*has been convicted/of the offence of against the law of *a part of/that country and is *suspected of being/in or on the way to Australia; and

(b) on (insert date)a warrant for the apprehension of was issued under section 14 of that Act by  , a Magistrate of the (insert name of State or Territory)and a person has been apprehended under the warrant:

NOW THEREFORE I, , Attorney-General of the Commonwealth of Australia, being of the opinion that—

(c) is liable to be surrendered to (insert name of Commonwealth country);

(d) the offence to which the requisition relates is, neither in essence nor by reason of the circumstances in which it *is alleged to have been/*was/committed, an offence of a political character; and

(e) the requisition has not been made with a view to try or punish for an offence of a political character,

pursuant to paragraph 12 (1) (b) of the Extradition (Commonwealth Countries) Act 1966, hereby inform you that the above-mentioned requisition has been made.

Dated 19 .

Attorney-General

* Omit if inapplicable.

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SCHEDULE—continued

FORM 6 Regulation 17

COMMONWEALTH OF AUSTRALIA

Extradition (Commonwealth Countries) Act 1966

APPLICATION UNDER PARAGRAPH 14 (1) (b) FOR WARRANT OF APPREHENSION

TO (insert name and designation of Magistrate).

I, , of , hereby apply for the issue under section 14 of the Extradition (Commonwealth Countries) Act 1966 of a warrant for the apprehension of  , 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 and is *suspected of being/in Australia.

Dated 19 .

(Signature and designation of applicant)

* Omit if inapplicable.

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FORM 7 Paragraph 18 (a)

COMMONWEALTH OF AUSTRALIA

Extradition (Commonwealth Countries) Act 1966

WARRANT OF APPREHENSION UNDER SECTION 14

TO all members and special members of the Australian Federal Police and all members of the Police Force of each State and Territory.

WHEREAS—

(a) the Attorney-General of the Commonwealth of Australia has, by a notice under paragraph 12 (1) (a) of the Extradition (Commonwealth Countries) Act 1966, authorised the issuing by any Magistrate of a warrant for the apprehension of , 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; and

(b) I, , a Magistrate, have been informed, by information on *oath/*affirmation/, that a warrant for the apprehension of has been issued in (insert name of Commonwealth country)and is in force:

NOW THEREFORE I, pursuant to section 14 of the Extradition (Commonwealth Countries) Act 1966, hereby command you to apprehend and to bring *him/ *her/ , as soon as practicable, before a Magistrate in the State or Territory in which *he/ *she/ is apprehended to be dealt with according to law.

Dated 19 .

(Signature and designation of Magistrate issuing warrant)

* Omit if inapplicable.

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SCHEDULE—continued

FORM 8 Paragraph 18 (b)

COMMONWEALTH OF AUSTRALIA

Extradition (Commonwealth Countries) Act 1966

WARRANT OF APPREHENSION UNDER SECTION 14

TO all members and special members of the Australian Federal Police and all members of the Police Force of each State and Territory.

WHEREAS—

(a) I,  , a Magistrate, have received an application for the issue of a warrant for the apprehension of , 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 and is *suspected of being/ in Australia; and

(b) I have been informed, by information on *oath/ *affirmation/ that a warrant for the apprehension of  has been issued in (insert name of Commonwealth country)and is in force:

NOW THEREFORE I, pursuant to section 14 of the Extradition (Commonwealth Countries) Act 1966, hereby command you to apprehend and to bring *him/ *her/ , as soon as practicable, before a Magistrate in the State or Territory in which *he/ *she/ is apprehended to be dealt with according to law.

Dated 19 .

(Signature and designation of Magistrate issuing warrant)

* Omit if inapplicable.

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SCHEDULE—continued

FORM 9 Regulation 19

COMMONWEALTH OF AUSTRALIA

Extradition (Commonwealth Countries) Act 1966

SEARCH WARRANT UNDER SECTION 14b

TO , a Police Officer within the meaning of section 14b of the Extradition (Commonwealth Countries) Act 1966.

WHEREAS—

(a) a requisition has been made by (insert name of Commonwealth country)to the Attorney-General of the Commonwealth of Australia for the surrender of , a fugitive who *is accused/ *has been convicted/ of the offence of  against the law of *a part of/ that country; and

(b) I, , a Magistrate, relying on an information on oath that has, in accordance with sub-section 14b (1) of the Extradition (Commonwealth Countries) Act 1966, been laid before me in support of the issue of a search warrant in respect of

*land situated at (insert address),/

*premises situated at (insert address),/

*the vessel (insert name) owned by (insert name and address),/

*aircraft (specify identifying marks)owned by (insert name and address),/

*vehicle Registration No. , a (specify type of vehicle) owned by (insert name and address),/

 [and on further information concerning the grounds on which the issue of the warrant is being sought that was given to me *orally/ *by affidavit/ *both orally and by affidavit/ in accordance with paragraph 14b(2) (a) of that Act,] am satisfied that there are reasonable grounds for issuing this warrant for the purpose of preventing the concealment, loss or destruction of any ‡ that—

(i) there may be *upon/* in/ the above-mentioned § ; and

*(ii) may be material as evidence in proving the offence of to which the requisition relates:/

*(ii) has been acquired by as a result of the offence of to which the requisition relates:/

NOW THEREFORE I, pursuant to sub-section 14b of the Extradition (Commonwealth Countries) Act 1966, hereby authorise you, with such assistance as you think necessary and if necessary by force—

(c) to enter *upon/ *into/ the above-mentioned §

*between the hours of and ;/

*at any time of the day or night;/

(d) to search the § for any ‡ ;and

(e) to seize any such ‡ found *upon/*in/ the §

THIS WARRANT ceases to have effect on (insert date not being later than one month after the day of issue of the warrant).

Issued on 19 .

(Signature and designation of Magistrate issuing warrant)

* Omit if inapplicable.

 Add words within brackets, if case requires.

  Insert in blank space a description of the kind of articles the seizure of which is to be authorised by the warrant.

§ Insert in blank space “land”, “premises”, “vessel”, “aircraft” or “vehicle”, as the case requires.

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SCHEDULE—continued

FORM 10 Regulation 20

COMMONWEALTH OF AUSTRALIA

Extradition (Commonwealth Countries) Act 1966

WARRANT OF COMMITTAL UNDER SUB-SECTION 15 (5b)

TO all members and special members of the Australian Federal Police in (insert name of State or Territory) * [and all members of the Police Force of that  State/  (Territory/]

AND TO the person in charge of (insert name of prison) in (insert name of State or Territory).

WHEREAS—

(a) , 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, having been apprehended in (insert name of State or Territory)under a warrant issued in pursuance of section 14 of the Extradition (Commonwealth Countries) Act 1966, was, in accordance with section 15 of that Act, brought  to-day/ on (insert date)/before me, , a Magistrate, in that  State/ Territory/;

(b) in accordance with sub-section 15 (5a) of that Act, has informed me that  he/ she consents to being surrendered to (insert name of Commonwealth country); and

(c) on being advised by me in accordance with paragraph 15 (5b) (a) of that Act of the effect of so consenting,  has again consented to being surrendered to (insert name of Commonwealth country):

NOW THEREFORE I, pursuant to sub-section 15 (5b) of the Extradition (Commonwealth Countries) Act 1966, hereby command—

(d) you, the members and special members of the Australian Federal Police in (insert name of State or Territory)* [and the members of the Police Force of that  State/ Territory/] to take to (insert name of prison)in (insert name of State or Territory)and deliver  him/ her/ to the person in charge of that prison together with this warrant; and

(e) you, the person in charge of (insert name of prison) in (insert name of State or Territory)to receive  into your custody and to keep  him/ her/ safely in that prison until  he/ she / is delivered from there according to law.

Dated 19 .

(Signature and designation of Magistrate issuing warrant)

* Add words within brackets, if case requires.

  Omit if inapplicable.

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SCHEDULE—continued

FORM 11 Regulation 21

COMMONWEALTH OF AUSTRALIA

Extradition (Commonwealth Countries) Act 1966

WARRANT OF COMMITTAL UNDER SUB-SECTION 15 (6)

TO all members and special members of the Australian Federal Police in (insert name of State or Territory)* [and all members of the Police Force of that   State/  Territory/]

AND TO the person in charge of (insert name of prison) in (insert name of State or Territory).

WHEREAS—

(a) , 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, having been apprehended in (insert name of State or Territory)under a warrant issued in pursuance of section 14 of the Extradition (Commonwealth Countries) Act 1966, was, in accordance with section 15 of that Act, brought   to-day/   on (insert date)/ before me, , a Magistrate in that   State/   Territory/;

(b) there have been produced to me—

(i) a duly authenticated   copy of an / overseas warrant in respect of issued in (insert name of Commonwealth country); and

‡(ii) such evidence as would, in my opinion, according to the law in force in this   State/   Territory/ justify the trial of if the following   act/  omission by of which evidence was produced in connection with the requisition for  his/  her surrender, namely, , or an equivalent  act/  omission, had taken place  in/   within the jurisdiction of/ this  State/   Territory/; and

‡(ii) sufficient evidence to satisfy me that has been convicted of the offence referred to in paragraph (a); and

(c) * [after taking into account the evidence properly adduced by ,] I am satisfied that is liable to be surrendered to (insert name of Commonwealth country):

NOW THEREFORE I, pursuant to sub-section 15 (6) of the Extradition (Commonwealth Countries) Act 1966, hereby command—

(d) you, the members and special members of the Australian Federal Police in (insert name of State or Territory)*[and the members of the Police Force of that  State/  Territory/] to take to (insert name of prison) in (insert name of State or Territory)and deliver   him /   her/ to the person in charge of that prison together with this warrant; and

(e) you, the person in charge of (insert name of prison) in (insert name of State or Territory) to receive  into your custody and to keep  him/  her/ safely in that prison until  he/  she/ is delivered from there according to law.

Dated 19 .

(Signature and designation of Magistrate issuing warrant)

* Add words within brackets, if case requires.

 Omit word or words if inapplicable.

 Omit paragraph if inapplicable.

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SCHEDULE—continued

FORM 12 Regulation 22

COMMONWEALTH OF AUSTRALIA

Extradition (Commonwealth Countries) Act 1966

WARRANT OF APPREHENSION UNDER SUB-SECTION 16a(2)

TO all members or special members of the Australian Federal Police and all members of the Police Force of each State and Territory.

WHEREAS (insert name of Commonwealth country) has, under sub-section 16a (1) of the Extradition (Commonwealth Countries) Act 1966, applied to the (insert name of Court) for a review of an order made by , a Magistrate, under *sub-section 15 (6)/*section 16/ of that Act releasing , 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 and who had been brought before that Magistrate under section 15 of that Act:

NOW THEREFORE I, , a Magistrate, pursuant to sub-section 16a(2) of the Extradition (Commonwealth Countries) Act 1966, hereby command you to apprehend and to bring *him/ *her, as soon as practicable, before (insert name of Court hearing review)to be dealt with according to law.

Dated 19 .

(Signature and designation of Magistrate issuing warrant)

* Omit if inapplicable.

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SCHEDULE—continued

FORM 13 Regulation 23

COMMONWEALTH OF AUSTRALIA

Extradition (Commonwealth Countries) Act 1966

WARRANT FOR SURRENDER OF FUGITIVE UNDER SUB-SECTION *17 (2)/*17 (2b)

TO the person in charge of (insert name of prison) in (insert name of State or Territory) and

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 and is now being held in custody at (insert name of prison) in (insert name of State or Territory), 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 *17 (2) / *17 (2b) / of the Extradition (Commonwealth Countries) Act 1966, hereby command—

(a) you, the person in charge of the above-mentioned prison, to deliver into the custody of ; and

(b) you, , to receive 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.

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FORM 14 Regulation 24

I, , a Magistrate, being satisfied that this warrant is duly authenticated, pursuant to sub-section 24 (1) of the Extradition (Commonwealth Countries) Act 1966, hereby authorise the execution of the warrant in Australia.

Dated 19 .

(Signature and designation of Magistrate)

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SCHEDULE—continued

FORM 15 Regulation 25

COMMONWEALTH OF AUSTRALIA

Extradition (Commonwealth Countries) Act 1966

WARRANT OF APPREHENSION UNDER SECTION 25

TO all members and special members of the Australian Federal Police and all members of the Police Force of each State and Territory.

WHEREAS (specify the information and circumstances justifying the issue of the warrant):

NOW THEREFORE I, , a Magistrate, pursuant to section 25 of the Extradition (Commonwealth Countries) Act 1966, hereby command you to apprehend and bring *him/ *her/ , as soon as practicable, before a Magistrate in the State of. Territory in which *he/*she/ is apprehended to be dealt with according to law.

Dated 19 .

(Signature and designation of Magistrate issuing warrant)

* Omit if inapplicable.

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SCHEDULE—continued

FORM 16 Regulation 26

COMMONWEALTH OF AUSTRALIA

Extradition (Commonwealth Countries) Act 1966

SEARCH WARRANT UNDER SECTION 25b

TO , a Police Officer within the meaning of section 25b of the Extradition (Commonwealth Countries) Act 1966.

WHEREAS—

(a) a warrant has been issued *in New Zealand and indorsed under section 24 / *under section 25 / of the Extradition (Commonwealth Countries) Act 1966 for the apprehension of , a person *accused/ *convicted/ of the offence of  against the law of New Zealand; and

(b) I, , a Magistrate, relying on an information on oath that has, in accordance with sub-section 25b(1) of the Extradition (Commonwealth Countries) Act 1966, been laid before me in support of the issue of a search warrant in respect of

* land situated at (insert address),/

* premises situated at (insert address),/

* the vessel (insert name) owned by (insert name and address),/

* aircraft (specify identifying marks)owned by (insert name and address),/

* vehicle Registration No. , a (specify type of vehicle) owned by (insert name and address),/

  [and on further information concerning the grounds on which the issue of the search warrant is being sought that was given to me *orally/ *by affidavit/ *both orally and by affidavit/ in accordance with paragraph 25b (2)(a) of that Act,] am satisfied that there are reasonable grounds for issuing this warrant for the purpose of preventing the concealment, loss or destruction of any‡ that—

(i) there may be *upon / *in / the above-mentioned § ; and

*(ii) may be material as evidence in proving the offence of in respect of which the warrant referred to in paragraph (a) was issued:/

*(ii) has been acquired by as a result of the offence of in  respect of which the warrant referred to in paragraph (a) was issued:/

NOW THEREFORE I, pursuant to sub-section 25b of the Extradition (Commonwealth Countries) Act 1966, hereby authorise you, with such assistance as you think necessary and if necessary by force—

(c) to enter *upon/ *into/ the above-mentioned§

*between the hours of and ;/

*at any time of the day or night;/

(d) to search the§ for any such‡ ;and

(e) to seize any such‡ found *upon/ *in/ the§

THIS WARRANT ceases to have effect on (insert date not being later than one month after the day of issue of the warrant).

Issued on 19 .

(Signature and designation of Magistrate issuing warrant)

* Omit if inapplicable.

 Add words within brackets, if case requires.

‡ Insert in blank space a description of the kind of articles the seizure of which is to be authorised by the warrant.

§ Insert in blank space “land”, “premises”, “vessel”, “aircraft” or “vehicle”, as the case requires.

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SCHEDULE—continued

FORM 17 Regulation 27

COMMONWEALTH OF AUSTRALIA

Extradition (Commonwealth Countries) Act 1966

WARRANT FOR SURRENDER OF PERSON UNDER SUB-SECTION 26 (5)

TO

WHEREAS—

(a) , a person *accused/ *convicted/ of the offence of against the law of New Zealand, was apprehended in (insert name of State or Territory)

*under a warrant issued in New Zealand and indorsed under section 24 of the Extradition (Commonwealth Countries) Act 1966; and/

* under a warrant issued in pursuance of section 25 of the Extradition (Commonwealth Countries) Act 1966 and the warrant issued in New Zealand authorising the apprehension of has been indorsed under section 24 of that Act; and/

(b) was, in accordance with sub-section 26 (1) of that Act, brought *to-day/ *on (insert date)/ before me, , a Magistrate in that *State/*Territory/:

NOW THEREFORE I–

(c) being of the opinion that it would not be dangerous to the life, nor prejudicial to the health, of to surrender *him/ *her/ to New Zealand; and

(d) being satisfied that it would * not /be unjust, oppressive or too severe a punishment to surrender * him/ *her/ to New Zealand   [before the expiration of the period of from ],

pursuant to sub-section 26 (5) of the Extradition (Commonwealth Countries) Act 1966, hereby order to be surrendered to New Zealand   [after the period of from ] and, for that purpose, to be delivered into your custody.

Dated 19 .

(Signature and designation of Magistrate issuing warrant)

* Omit if inapplicable.

  Add words within brackets, if case requires.

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SCHEDULE—continued

FORM 18 Regulation 28

COMMONWEALTH OF AUSTRALIA

Extradition (Commonwealth Countries) Act 1966

WARRANT OF APPREHENSION UNDER SECTION 28 (1a)

TO all members and special members of the Australian Federal Police and all members of the Police Force of each State and Territory.

WHEREAS has, under sub-section 28 (1) of the Extradition (Commonwealth Countries) Act 1966, applied to the (insert name of Court) for a review of an order made by , a Magistrate, under section 27 of that Act releasing , a person *accused/*convicted/of the offence of against the law of New Zealand who had been brought before that Magistrate under section 26 of that Act:

NOW THEREFORE I, , a Magistrate, pursuant to sub-section 28 (1a) of the Extradition (Commonwealth Countries) Act 1966, hereby command you to apprehend and bring *him/*her/ , as soon as practicable, before (insert name of Court hearing review) to be dealt with according to law.

Dated 19 .

(Signature and designation of Magistrate issuing warrant)

* Omit if inapplicable.

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FORM 19 Regulation 29

COMMONWEALTH OF AUSTRALIA

Extradition (Commonwealth Countries) Act 1966

WARRANT TO HOLD PERSON IN CUSTODY DURING TRANSIT UNDER PARAGRAPH 33aa(2) (b)

TO

WHEREAS—

(a) , a person in relation to whom section 33aa of the Extradition (Commonwealth Countries) Act 1966 applies, is being transported through Australia for the purpose of *his/*her/being surrendered to  and the *aircraft/*ship/by which is being transported has *landed/*called/at in (insert name of State or Territory); and

(b) I, , a Magistrate, am of the opinion that it is *necessary/*desirable/to hold in custody until *his/*her/transportation is continued:

NOW THEREFORE I, pursuant to paragraph 33aa(2) (b) of the Extradition (Commonwealth Countries) Act 1966, hereby command you to take into your custody and to keep *him/*her/ safely until *his/*her/ transportation is continued.

Dated 19 .

(Signature and designation of Magistrate issuing warrant)

* Omit if inapplicable.

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SCHEDULE—continued

FORM 20 Regulation 30

COMMONWEALTH OF AUSTRALIA

Extradition (Commonwealth Countries) Act 1966

AUTHORISATION TO TAKE EVIDENCE UNDER SUB-SECTION 33ab (1)

WHEREAS—

(a) (insert name of Commonwealth country)has made a request that evidence as set out in the Schedule be taken in Australia for the purposes of a criminal proceeding in a *court/ *tribunal/ of that country, namely, *the trial of/ *a proceeding to determine whether to place on trial/ for the offence of against the law of *a part of/that country;

(b) that offence of is, neither in essence nor by reason of the circumstances in which it is alleged to have been committed, an offence of a political character; and

(c) the* act/* omission/by that is, *in/ *in connection with/ the request, alleged to have taken place, or an equivalent* act/ *omission/, would, if it took place, at the time when the request was made, in or within the jurisdiction of, Australia, constitute an offence against the law of (insert name of State or Territory or “the Commonwealth”, as the case requires) as then in force:

NOW THEREFORE I, , Attorney-General of the Commonwealth of Australia,

pursuant to sub-section 33ab(1) of the Extradition (Commonwealth Countries) Act 1966, hereby authorise the taking of the evidence.

SCHEDULE

(Set out general nature of matters in relation to which evidence is to be taken, specifying the name of the person who is to give the evidence.)

Dated 19 .

Attorney-General

* Omit if inapplicable.

––––––––––

SCHEDULE—continued

FORM 21 Regulation 31

COMMONWEALTH OF AUSTRALIA

Extradition (Commonwealth Countries) Act 1966

AUTHORISATION TO TAKE EVIDENCE UNDER SUB-SECTION 33a (1)

WHEREAS—

(a) a warrant has been issued in Australia for the apprehension of , a person accused of , an extraditable crime as defined by section 19 of the Extradition (Commonwealth Countries) Act 1966; and

(b) is *suspected of being/ *in/ *within the jurisdiction of/ *a part of/ (insert name of Commonwealth country):

NOW THEREFORE I, , Attorney-General of the Commonwealth of

Australia, pursuant to sub-section 33a(1) of the Extradition (Commonwealth Countries) Act 1966, hereby authorise the taking of evidence in Australia for transmission to (insert name of Commonwealth country)for use in any proceedings in that country for the surrender of to Australia.

Dated 19 .

Attorney-General

* Omit if inapplicable.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 7 November 1985.

2. Statutory Rules 1967 No. 46 as amended to date. For previous amendments see Note 2 to Statutory Rules 1985 No. 62 and see also