Extradition (Foreign States) Regulations (Amendment) (Cth)

Statutory Rules 1985 No. 3861

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Extradition (Foreign States) 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 19 December 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 (Foreign States) Regulations.

Form of warrant for surrender of fugitive

2. Regulation 22 of the Principal Regulations is amended—

(a) by omitting from sub-regulation (1) “sub-section 18 (2) of the Act” and substituting “sub-section (1) of section 18a of the Act, being the section so numbered that was inserted in the Act by Act No. 193 of 1985.”; and

(b) by omitting from sub-regulation (2) “sub-section 18 (2b) of the Act” and substituting “sub-section (3) of section 18a of the Act, being the section so numbered that was inserted in the Act by Act No. 193 of 1985.”.

Form of warrant to hold person in custody during transit

3. Regulation 23 of the Principal Regulations is amended by omitting “paragraph 18a (1) (b) of the Act” and substituting “paragraph (1) (b) of section 18a of the Act, being the section so numbered that was inserted in the Act by Act No. 171 of 1973 and subsequently amended by Act No. 18 of 1985.”.

Schedule

4. The Schedule to the Principal Regulations is amended—

(a) by omitting Form 13 and substituting the form set out in the Schedule to these Regulations;

(b) by omitting from the heading to Form 14 “UNDER PARAGRAPH 18a (1) (b)”; and

(c) by omitting from Form 14 “paragraph 18a (1) (b) of the Extradition (Foreign States) Act 1966”and substituting “paragraph (1) (b) of section 18a of the Extradition (Foreign States) Act 1966, being the section so numbered that was inserted in that Act by Act No. 171 of 1973 and subsequently amended by Act No. 18 of 1985.”.

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SCHEDULE Regulation 4

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

FORM 13 Regulation 22

COMMONWEALTH OF AUSTRALIA

Extradition (Foreign States) Act 1966

WARRANT FOR SURRENDER OF FUGITIVE

TO

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

(a) am satisfied that , a fugitive from (insert name of foreign state)who *is accused/*has been convicted/ of the offence of against the law of *a part of/ that state, is liable to be surrendered to (insert name of foreign state); 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 *(1) / *(3) / of section 18a of the Extradition (Foreign States) Act 1966, being the section so numbered that was inserted in that Act by Act No. 193 of 1985, 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 foreign state)and there to surrender *him/ *her/ to the person appointed by that state to receive *him/ *her.

Dated 19 .

Attorney-General

* Omit if inapplicable

 

NOTES

1. Notified by the Commonwealth of Australia Gazette on 20 December 1985.

2. Statutory Rules 1967 No. 47 as amended to date. For previous amendments see Note 2 to Statutory Rules 1985 No. 157 and see also