Extradition (Federal Republic of Germany) Regulations (Amendment) (Cth)

Statutory Rules 1986 No. 2941

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Extradition (Federal Republic of

Germany) 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 (Foreign States) Act 1966.

Dated 13 October 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 (Federal Republic of Germany) Regulations.

2. Regulation 2 of the Principal Regulations is repealed and the following regulation substituted:

Interpretation

“2. In these Regulations, unless the contrary intention appears—

‘relevant act or omission’, in relation to an offence to which a requisition for the surrender of a person relates, means an act or omission by the person—

(a) that is, in or in connection with the requisition, alleged to have taken place; or

(b) of which evidence is produced in connection with the requisition;

‘requesting state’ means the Federal Republic of Germany;

‘the Act’ means the Extradition (Foreign States) Act 1966.”.

 

3. Regulation 4 of the Principal Regulations is repealed and the following regulation substituted:

Limitations, &c., in relation to the application of the Act

“4. (1) A person is not liable to be surrendered to the requesting state in respect of an offence (in this sub-regulation referred to as the ‘first-mentioned offence’) to which a requisition by that state for the surrender of a person relates if—

(a) had the relevant act or omission in relation to the first-mentioned offence, or any equivalent act or omission by the person, taken place, at the time when the requisition was made, in, or within the jurisdiction of, the part of Australia where the person was found, that act or omission, not being an act or omission that would have constituted an offence against the ordinary criminal law in force in that part of Australia, would have constituted an offence against the military law of Australia;

(b) had the relevant act or omission in relation to the first-mentioned offence been alleged to have been committed by the person in, or within the jurisdiction of, the part of Australia where the person was found, the period within which proceedings could, in accordance with the law in force in that part of Australia, have been commenced against the person in respect of the offence constituted under that law by the act or omission would, at the time when the requisition was made, have expired;

(c) the relevant act or omission in relation to the first-mentioned offence is, under the law in force in any part of Australia, regarded as constituting an offence committed by the person, either in whole or in part, in, or within the jurisdiction of, Australia or that part of Australia; or

(d) final judgment has been entered against the person in a foreign state other than the requesting state in respect of an offence against the law of that foreign state constituted by the relevant act or omission in relation to the first-mentioned offence.

“(2) The Attorney-General shall not give a notice under sub-section 15 (1) of the Act, or issue a warrant under sub-section 18a (1) or (3) of the Act, in respect of a person for whose surrender a requisition has been made by the requesting state—

(a) if the person, on being extradited to the requesting state, would be liable to be tried in that state by a court or tribunal—

(i) that has been specially established for the purpose of trying the person’s case; or

(ii) that is only occasionally, or under exceptional circumstances, authorised to try persons accused of the offence to which the requisition relates; and

(b) in a case where the offence to which the requisition relates is punishable in the requesting state by death—unless assurances satisfactory to Australia are given by that state that the penalty of death will not be imposed on the person or, if that penalty is imposed, that it will not be carried out.

“(3) The Attorney-General may decline to issue a warrant under subsection 18a (1) or (3) of the Act in respect of a person for whose surrender a requisition has been made by the requesting state if—

(a) the person is an Australian citizen; or

(b) the Attorney-General, while taking into account the nature of the offence to which the requisition relates and the interests of the requesting state, is nevertheless of the opinion that, in the circumstances of the case, it would be unjust, oppressive or incompatible with humanitarian considerations to surrender the person to that state.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 15 October 1986.

2.