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

Statutory Rules 1985 No. 1571

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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 and pursuant to section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Extradition (Foreign States) Act 1966.

Dated 27 June 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.

Repeal of regulation 4

2. Regulation 4 of the Principal Regulations is repealed.

Repeal of regulation 8a

3. Regulation 8a of the Principal Regulations is repealed.

4. Regulation 15 of the Principal Regulations is repealed and the following regulations are substituted:

Form of notice by Attorney-General for purposes of sub-section 15 (1) of the Act

“15. (1) The form prescribed for the purposes of paragraph 15 (1) (a) of the Act is Form 4 in the Schedule.

 

“(2) The form prescribed for the purposes of paragraph 15 (1) (b) of the Act is Form 5 in the Schedule.

Form of application for issue of warrant of apprehension for purposes of paragraph 16 (1) (b) of the Act

“16. For the purposes of paragraph 16 (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 16 (1) of the Act

“17. The form prescribed for the purposes of sub-section 16 (1) of the Act is—

(a) in a case where paragraph 16 (1) (a) of the Act applies—Form 7 in the Schedule; or

(b) in a case where paragraph 16 (1) (b) of the Act applies—Form 8 in the Schedule.

Form of search warrant for purposes of sub-section 16b (1) of the Act

“18. The form prescribed for the purposes of sub-section 16b (1) of the Act is Form 9 in the Schedule.

Committal of person to prison under sub-section 17 (5b) of the Act

“19. The committal of a person to prison under sub-section 17 (5b) of the Act shall be by warrant in accordance with Form 10 in the Schedule.

Form of warrant of committal for purposes of sub-section 17 (6) of the Act

“20. The form prescribed for the purposes of sub-section 17 (6) of the Act is Form 11 in the Schedule.

Form of warrant of apprehension for purposes of sub-section 17a (2) of the Act

“21. The form prescribed for the purposes of sub-section 17a (2) of the Act is Form 12 in the Schedule.

Form of warrant for surrender of fugitive for purposes of sub-sections 18 (2) and (2b) of the Act

“22. (1) The form prescribed for the purposes of sub-section 18 (2) of the Act is Form 13 in the Schedule.

“(2) The form prescribed for the purposes of sub-section 18 (2b) of the Act is Form 13 in the Schedule.

Form of warrant to hold person in custody during transit for purposes of paragraph 18a (1) (b) of the Act

“23. The form prescribed for the purposes of paragraph 18a (1) (b) of the Act is Form 14 in the Schedule.

 

Form of authorization to take evidence for purposes of sub-section 27 (1) of the Act

“24. The form prescribed for the purposes of sub-section 27 (1) of the Act is Form 15 in the Schedule.

Form of authorization to take evidence for purposes of sub-section 27a (1) of the Act

“25. The form prescribed for the purposes of sub-section 27a (1) of the Act is Form 16 in the Schedule.”.

The Schedule

5. The Schedule to the Principal Regulations is amended—

(a) by omitting Form 1; and

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

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SCHEDULE  Regulation 5

FORMS TO BE INSERTED IN THE SCHEDULE TO THE PRINCIPAL REGULATIONS

FORM 4 Sub-regulation 15 (1)

COMMONWEALTH OF AUSTRALIA

Extradition (Foreign States) Act 1966

NOTICE BY ATTORNEY-GENERAL UNDER PARAGRAPH 15 (1) (a)

WHEREAS—

(a) a requisition has been made to me, , Attorney-General of the Commonwealth of Australia, by  , a state to which the Extradition (Foreign States) Act 1966 applies, for the surrender of , a fugitive who *is accused/*has been convicted/ of the offence of against the law of *a part of/ that state 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 16 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 foreign state);

(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 15 (1) (a) of the Extradition (Foreign States) Act 1966, hereby state that the above-mentioned requisition has been made and authorize 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 15 (2)

COMMONWEALTH OF AUSTRALIA

Extradition (Foreign States) Act 1966

NOTICE BY ATTORNEY-GENERAL UNDER PARAGRAPH 15 (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 state to which the Extradition (Foreign States) Act 1966 applies, for the surrender of  , a fugitive who *is accused/ *has been convicted/ of the offence of against the law of *a part of/ that state 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 16 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 foreign state);

(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 15 (1) (b) of the Extradition (Foreign States) Act 1966, hereby inform you that the above-mentioned requisition has been made.

Dated 19 .

Attorney-General

* Omit if inapplicable.

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FORM 6 Regulation 16

COMMONWEALTH OF AUSTRALIA

Extradition (Foreign States) Act 1966

APPLICATION UNDER PARAGRAPH 16 (1) (b) FOR WARRANT OF APPREHENSION

TO (insert name and designation of Magistrate).

I, , of , hereby apply for the issue under section 16 of the Extradition (Foreign States) Act 1966 of a warrant for the apprehension of , 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 and is *suspected of being/ in Australia.

Dated 19 .

(Signature and designation of applicant)

* Omit if inapplicable.

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SCHEDULE—continued

FORM 7 Paragraph 17 (a)

COMMONWEALTH OF AUSTRALIA

Extradition (Foreign States) Act 1966

WARRANT OF APPREHENSION UNDER SECTION 16

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 15 (1) (a) of the Extradition (Foreign States) Act 1966, authorized the issuing by any Magistrate of a warrant for the apprehension of  , 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; 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 foreign state) and is in force:

NOW THEREFORE I, pursuant to section 16 of the Extradition (Foreign States) 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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FROM 8 Paragraph 17 (b)

COMMONWEALTH OF AUSTRALIA

Extradition (Foreign States) Act 1966

WARRANT OF APPREHENSION UNDER SECTION 16

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 foreign state)who *is accused/*has been convicted/ of the offence of  against the law of *a part of/that state 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 foreign state) and is in force:

NOW THEREFORE I, pursuant to section 16 of the Extradition (Foreign States) 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 18

COMMONWEALTH OF AUSTRALIA

Extradition (Foreign States) Act 1966

SEARCH WARRANT UNDER SECTION 16b

TO , a Police Officer within the meaning of section 16b of the Extradition (Foreign States) Act 1966.

WHEREAS—

(a) a requisition has been made by (insert name of foreign state)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 state; and

(b) I, , a Magistrate, relying on an information on oath that has, in accordance with sub-section 16b (1) of the Extradition (Foreign States) 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 16b (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 16b of the Extradition (Foreign States) Act 1966, hereby authorize 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 authorized 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 19

COMMONWEALTH OF AUSTRALIA

Extradition (Foreign States) Act 1966

WARRANT OF COMMITTAL UNDER SUB-SECTION 17 (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 foreign state)who   is accused/  has been convicted/ of the offence of against the law of   a part of/ that state, having been apprehended in (insert name of State or Territory)under a warrant issued in pursuance of section 16 of the Extradition (Foreign States) Act 1966, was, in accordance with section 17 of that Act, brought   to-day/   on (insert date)/ before me,  , a Magistrate, in that   State/  Territory/;

(b) in accordance with sub-section 17 (5a) of that Act, has informed me that   he/   she consents to being surrendered to (insert name of foreign state); and

(c) on being advised by me in accordance with paragraph 17 (5b) (a) of that Act of the effect of so consenting,  has again consented to being surrendered to (insert name of foreign state):

NOW THEREFORE I, pursuant to sub-section 17 (5b) of the Extradition (Foreign States) 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 20

COMMONWEALTH OF AUSTRALIA

Extradition (Foreign States) Act 1966

WARRANT OF COMMITTAL UNDER SUB-SECTION 17 (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 foreign state)who   is accused/  has been convicted/ of the offence of against the law of   a part of/that state, having been apprehended in (insert name of State or Territory)under a warrant issued in pursuance of section 16 of the Extradition (Foreign States) Act 1966, was, in accordance with section 17 of that Act, brought   to-day/  on (insert date)/ before me,  ,/a Magistrate in that   State/  Territory/;

(b) all the documents that, under paragraph 17 (6) (a) of that Act, are to be produced to me in this case, have been produced to me in accordance with that paragraph; and

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

NOW THEREFORE I, pursuant to sub-section 17 (6) of the Extradition (Foreign States) 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 or 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 12 Regulation 21

COMMONWEALTH OF AUSTRALIA

Extradition (Foreign States) Act 1966

WARRANT OF APPREHENSION UNDER SUB-SECTION 17a (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 foreign state) has, under sub-section 17a (1) of the Extradition (Foreign States) Act 1966, applied to the (insert name of Court)for a review of an order made by , a Magistrate, under sub-section 17 (6) of that Act releasing , 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 and who had been brought before that Magistrate under section 17 of that Act:

NOW THEREFORE I, , a Magistrate, pursuant to sub-section 17a (2) of the Extradition (Foreign States) 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 22

COMMONWEALTH OF AUSTRALIA

Extradition (Foreign States) Act 1966

WARRANT FOR SURRENDER OF FUGITIVE UNDER SUB-SECTION *18 (2) /*18 (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 foreign state)who *is accused/ *has been convicted/ of the offence of against the law of *a part of / that state 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 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 *18 (2)/*18 (2b)/ of the Extradition (Foreign States) 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 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.

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SCHEDULE—continued

FORM 14 Regulation 23

COMMONWEALTH OF AUSTRALIA

Extradition (Foreign States) Act 1966

WARRANT TO HOLD PERSON IN CUSTODY DURING TRANSIT UNDER PARAGRAPH 18a (1) (b)

TO

WHEREAS—

(a) in pursuance of an extradition treaty in force between Australia and (insert name of foreign state),is being transported through Australia for the purpose of *his/ *her/ being surrendered to (insert name of foreign state) 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 18a (1) (b) of the Extradition (Foreign States) 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 15 Regulation 24

COMMONWEALTH OF AUSTRALIA

Extradition (Foreign States) Act 1966

AUTHORIZATION TO TAKE EVIDENCE UNDER SUB-SECTION 27 (1)

WHEREAS—

(a) (insert name of foreign state)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 state, 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 state;

(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 27 (1) of the Extradition (Foreign States) Act 1966, hereby authorize 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.

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SCHEDULE—continued

FORM 16 Regulation 25

COMMONWEALTH OF AUSTRALIA

Extradition (Foreign States) Act 1966

AUTHORIZATION TO TAKE EVIDENCE UNDER SUB-SECTION 27a (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 20 of the Extradition (Foreign States) Act 1966; and

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

NOW THEREFORE I, , Attorney-General of the Commonwealth of Australia, pursuant to sub-section 27a (1) of the Extradition (Foreign States) Act 1966, hereby authorize the taking of evidence in Australia for transmission to (insert name of foreign state)for use in any proceedings in that state for the surrender of to Australia.

Dated 19 .

Attorney-General

* Omit if inapplicable.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 1 July 1985.

2. Statutory Rules 1967 No. 47 as amended by 1969 No. 136.