Statutory Rules
1988 No. 3021
–––––––
Extradition
(Federal Republic of Germany) Regulations
I, THE
GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of
the Federal Executive Council and pursuant to section 4 of the Acts Interpretation Act 1901, hereby
make the following Regulations under the Extradition
Act 1988.
Dated
24 November 1988.
N. M. STEPHEN
Governor-General
By
His Excellency’s Command,
LIONEL BOWEN
Attorney-General
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Citation
1. These Regulations may
be cited as the Extradition (Federal Republic of Germany) Regulations.
Interpretation
2. In these Regulations,
unless the contrary intention appears:
“relevant
act or omission” means an act or omission by a person in relation to an offence
to which an extradition request for the surrender of the person relates, being
an act or omission:
(a)
that is, in or in connection with the request, alleged to have taken place; or
(b)
of which evidence is produced in connection with the request;
“requesting
country” means the Federal Republic of Germany;
“the
Act” means the Extradition Act 1988.
Declaration of Federal
Republic of Germany as extradition country
3. The Federal Republic of
Germany is declared to be an extradition country.
Application of Act in
relation to Federal Republic of Germany
4. The Act applies in
relation to the Federal Republic of Germany subject to the limitations,
conditions, exceptions or qualifications specified in regulation 5.
Limitations, etc. in
relation to application of Act
5. (1) A person is not liable to be
surrendered to the requesting country under a surrender warrant or temporary
surrender warrant under Part II of the Act for an offence to which an
extradition request by that country relates if the relevant act or omission 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.
(2) The Attorney-General
shall not issue a surrender warrant or temporary surrender warrant under Part
II of the Act in relation to a person if the person, on being extradited to the
requesting country, would be liable to be tried in that country by a court or
tribunal:
(a)
that has been specially established for the purpose of trying the person’s
case; or
(b)
that is only occasionally, or under exceptional circumstances, authorised to
try persons accused of the offence to which the extradition request relates.
(3) The conditions
specified under subregulations (1) and (2) in relation to the issue of a
surrender warrant or temporary surrender warrant apply in addition to any
condition to which, under the Act, the issue of the relevant warrant is
subject.
(4) The Attorney-General
may decline to issue a surrender warrant or temporary surrender warrant under
Part II of the Act in relation to a person 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 extradition request relates and the interests of the requesting
country, 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 country.
NOTE
1.
Notified in the Commonwealth of Australia
Gazette