EXTRADITION (FOREIGN STATES) REGULATIONS
- Reprinted as at 30 June 1981 (HISTREG CHAP 175 #DATE 30:06:1981)
*1* The Extradition (Foreign States) Regulations (in force under the Extradition (Foreign States) Act 1966) as shown in this reprint comprise Statutory Rules 1967 No. 47 as amended by the other Statutory Rules specified in the following table: ---------------------------------------------------------------------------- Date of Application, saving Year and notification Date of or transitional number in Gazette commencement provisions ---------------------------------------------------------------------------- 1967 No. 47 20 Apr 1967 1 Oct 1967 (see r. 2 and Gazette 1967, p. 5473) 1969 No. 136 1 Sept 1969 1 Sept 1969 - ---------------------------------------------------------------------------- EXTRADITION (FOREIGN STATES) REGULATIONS - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Commencement
3. Interpretation
4. Application for issue of warrant for apprehension of fugitive
5. Power of Magistrate to send for witnesses and documents
6. Duty of witness to continue in attendance
7. Arrest of witness failing to attend
8. Witness fees
8A. Request to take evidence
9. Power to examine on oath
10. Offences by witnesses
11. Offences in relation to Magistrates
12. Protection of Magistrates, &c.
13. Conditions of admission to bail
14. Forfeiture of recognizance
15. Compliance with Forms
THE SCHEDULE
Forms
EXTRADITION (FOREIGN STATES) REGULATIONS - SECT. 1.
Citation
1. These Regulations may be cited as the Extradition (Foreign States)
Regulations.*1*
See notes to first article of this Chapter.
EXTRADITION (FOREIGN STATES) REGULATIONS - SECT. 2.
Commencement
2. These Regulations shall come into operation on the date fixed by
Proclamation under section 2 of the Act.*1*
See notes to first article of this Chapter.
EXTRADITION (FOREIGN STATES) REGULATIONS - SECT. 3.
Interpretation
3. In these Regulations, unless the contrary intention appears, "the Act"
means the Extradition (Foreign States) Act 1966.
EXTRADITION (FOREIGN STATES) REGULATIONS - SECT. 4.
Application for issue of warrant for apprehension of fugitive
4. An application to a Magistrate for the issue of a warrant for the
apprehension of a fugitive who is, or is suspected of being, in Australia
shall be in writing in accordance with Form 1 in the Schedule to these
Regulations.
EXTRADITION (FOREIGN STATES) REGULATIONS - SECT. 5.
Power of Magistrate to send for witnesses and documents
5. (1) A Magistrate who is performing functions under the Act may issue a
summons in accordance with Form 2 in the Schedule to these Regulations
requiring a person named in the summons to appear as a witness before the
Magistrate in connexion with the performance by the Magistrate of those
functions and there to answer questions and produce to the Magistrate such
books, documents and writings in his custody or control as are referred to in
the summons.
(2) Service on a person of a summons under this regulation may be effected
in any State or Territory and shall be effected by delivering a copy of the
summons to the person personally and, at the same time, showing the summons to
him.
EXTRADITION (FOREIGN STATES) REGULATIONS - SECT. 6.
Duty of witness to continue in attendance
6. A person who has been summoned under the last preceding regulation to
attend before a Magistrate as a witness shall attend at the time and place
specified in the summons and then from day to day unless excused by a
Magistrate.
EXTRADITION (FOREIGN STATES) REGULATIONS - SECT. 7.
Arrest of witness failing to attend
7. (1) If a person who has been summoned under regulation 5 of these
Regulations to attend before a Magistrate fails so to attend as required by
the last preceding regulation, the Magistrate may, on being satisfied that the
summons has been duly served and that a reasonable sum for the expenses of
attendance has been paid or tendered to that person, issue a warrant for the
apprehension of that person in accordance with Form 3 in the Schedule to these
Regulations.
(2) A warrant so issued authorizes the apprehension of the person and his
being brought before the Magistrate, and his detention in custody until he is
released by order of the Magistrate.
(3) A warrant so issued may be executed according to its tenor in any State
or Territory.
(4) The apprehension of a person under this regulation does not relieve him
from any liability incurred by him by reason of his failure to attend before
the Magistrate.
EXTRADITION (FOREIGN STATES) REGULATIONS - SECT. 8.
Witness fees
8. (1) A person who attends in obedience to a summons under regulation 5 of
these Regulations to attend as a witness before a Magistrate in a State or
Territory is entitled to be paid witness fees and travelling allowances as if
he were attending as a witness before a court of summary jurisdiction in that
State or Territory or, in special circumstances, such fees and allowances as
the Magistrate directs (less any amount previously paid to him for his
expenses of attendance).
(2) The fees and allowances are payable by the person at whose request the
witness was summoned.
EXTRADITION (FOREIGN STATES) REGULATIONS - SECT. 8A.
Request to take evidence
Inserted by 1969 No. 136 r. 1
8A. (1) For the purposes of section 27A of the Act, where a warrant has been
issued in Australia for the apprehension of a person accused of an
extraditable crime and that person is, or is suspected of being, in a foreign
state or within the jurisdiction of, or of a part of, a foreign state, the
Attorney-General may, by writing in accordance with Form 4 in the Schedule to
these Regulations and directed to a Magistrate, request the Magistrate to take
evidence in Australia for transmission to that state for use in any
proceedings in that state for the surrender of the person to Australia.
(2) Where a request is so made to a Magistrate to take evidence, the
Magistrate shall-
(a) take that evidence on oath or affirmation;
(b) in the case of evidence consisting of testimony given orally-reduce the
testimony to writing; and
(c) send to the Attorney-General-
(i) in the case of evidence that is in writing-that writing certified
by him to be evidence taken by him; and
(ii) in the case of evidence consisting of testimony reduced to
writing-that writing certified by him to be a true record of testimony taken
by him.
EXTRADITION (FOREIGN STATES) REGULATIONS - SECT. 9.
Power to examine on oath
9. (1) A Magistrate performing functions under the Act may administer an
oath to a person appearing as a witness before the Magistrate, whether the
witness has been summoned or appears without being summoned, and may examine
the witness on oath.
(2) Where a witness conscientiously objects to take an oath, he may make an
affirmation that he conscientiously objects to take an oath and that he will
state the truth, the whole truth, and nothing but the truth to all questions
that are asked him.
(3) An affirmation so made is of the same force and effect, and entails the
same liabilities, as an oath.
EXTRADITION (FOREIGN STATES) REGULATIONS - SECT. 10.
Offences by witnesses
10. A person summoned to attend before a Magistrate as a witness shall not-
(a) without reasonable excuse, fail to attend as required by the summons,
after payment or tender of a reasonable sum for his expenses of attendance;
(b) refuse to be sworn or to make an affirmation as a witness or, without
reasonable excuse, to answer any question when required to do so by the
Magistrate; or
(c) without reasonable excuse, refuse or fail to produce a book, document
or writing that he was required by the summons to produce.
Penalty: Two hundred dollars.
EXTRADITION (FOREIGN STATES) REGULATIONS - SECT. 11.
Offences in relation to Magistrates
11. A person shall not, when a Magistrate is performing functions under the
Act-
(a) wilfully insult or disturb the Magistrate;
(b) interrupt the proceedings before the Magistrate;
(c) use insulting language to the Magistrate; or
(d) by writing or speech use words calculated-
(i) to influence improperly the Magistrate or a witness before the
Magistrate; or
(ii) to bring the Magistrate into disrepute.
Penalty: Two hundred dollars.
EXTRADITION (FOREIGN STATES) REGULATIONS - SECT. 12.
Protection of Magistrates, &c.
12. (1) A Magistrate who performs functions under the Act in a State or
Territory has the same protection and immunity as a Judge of the Supreme Court
of that State or Territory has in the performance of his duty as a Judge of
the Supreme Court.
(2) A barrister or solicitor appearing before a Magistrate in a State or
Territory in connexion with the performance by the Magistrate of functions
under the Act has the same protection and immunity as a barrister or
solicitor, as the case may be, has in appearing for a party in proceedings in
the Supreme Court of that State or Territory.
(3) Where a person who is not represented by a barrister or solicitor
appears before a Magistrate in a State or Territory in connexion with the
performance by the Magistrate of functions under the Act, the person has the
same protection and immunity as a party to proceedings in the Supreme Court of
that State or Territory has in appearing before that Court when not so
represented.
(4) A witness summoned to attend or appearing before a Magistrate who
performs functions under the Act in a State or Territory has the same
protection as a witness in proceedings in the Supreme Court of that State or
Territory.
EXTRADITION (FOREIGN STATES) REGULATIONS - SECT. 13.
Conditions of admission to bail
13. Where a Magistrate remands on bail a person brought before him under the
Act, the admission of the person to bail may be subject to such conditions and
recognizances as the Magistrate thinks fit.
EXTRADITION (FOREIGN STATES) REGULATIONS - SECT. 14.
Forfeiture of recognizance
14. (1) Where a person has been admitted to bail under the Act in a State or
Territory and a Magistrate in that State or Territory or, where the person was
admitted to bail by a Judge of the Supreme Court of that State or Territory, a
Judge of that Court is satisfied that the person has failed to comply with the
conditions of the recognizance upon which he was so admitted to bail, that
Magistrate or Judge may, by order under his hand, declare the recognizance to
be forfeited.
(2) Where a recognizance is so declared to be forfeited, payment of any sum
due under the recognizance by a person residing in the State or Territory in
which the recognizance was declared to be forfeited may be enforced as a fine
imposed by a District or County Court or other inferior Court of Record having
jurisdiction in that State or Territory.
(3) An amount recovered in pursuance of this section shall be transmitted to
the Attorney-General of the Commonwealth.
EXTRADITION (FOREIGN STATES) REGULATIONS - SECT. 15.
Compliance with Forms
15. Strict compliance with the Forms in the Schedule to these Regulations is
not required and substantial compliance is sufficient.
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EXTRADITION (FOREIGN STATES) REGULATIONS - SCHEDULE
SCH
THE SCHEDULE
Form 1
amended by
1969 No. 136
r. 2
FORM 1
Regulation
4
COMMONWEALTH OF AUSTRALIA
Extradition (Foreign States) Act 1966
APPLICATION FOR WARRANT
To
a Chief (Stipendiary, Police, Resident or Special) Magistrate of the State of
being a person holding an office specified in an arrangement in force under
section 24 of the Extradition (Foreign States) Act 1966.
or
a Chief (Stipendiary, Police, Resident or Special) Magistrate of the
Territory
of .
I,, of, inform you that
(in this Application referred to as "the said fugitive ") is accused (or has
been convicted) of the offence ofalleged to have been committed (or
committed)
in (or within the jurisdiction of)and that the said fugitive is (or is
suspected of being) in Australia or a Territory of the Commonwealth and I
hereby apply for the issue of a warrant for the apprehension of the said
fugitive.
Dated thisday of, 19 .
(Signature) (Description)
--------
FORM 2
Regulation
5
COMMONWEALTH OF AUSTRALIA
Extradition (Foreign States) Act 1966
SUMMONS
In the Matter of Proceedings relating to under the
Extradition (Foreign States) Act 1966
To
In pursuance of the power conferred by regulation 5 of the Extradition
(Foreign States) Regulations, you are hereby summoned to attend at
on theday of, 19 , at the hour of
o'clock in the noon, and then from day to day unless excused from so
attending (and then and there to produce the following books, documents and
writings ).
Dated thisday of, 19 .
(Signature) (Description)
NOTE-Under the Extradition (Foreign States) Regulations a person who,
having
been served with a summons and paid or tendered a reasonable sum for his
expenses, fails to attend as required by the summons-
(a) is guilty of an offence and liable, upon conviction, to a fine not
exceeding Two hundred dollars; and
(b) is liable without further notice to be apprehended and brought before
a
Magistrate.
--------
Amended by 1969 No. 136 r. 2
SCH
FORM 3
Regulation
7
COMMONWEALTH OF AUSTRALIA
Extradition (Foreign States) Act 1966
WARRANT OF APPREHENSION
To all Commonwealth Police Officers and all members of the Police Forces of
the States and Territories of the Commonwealth.
Whereasof (in this Warrant referred to as "the
said witness ") was summoned to attend before me, a Chief (Stipendiary,
Police,
Resident or Special) Magistrate of the State of , being a person who holds
an office specified in an arrangement in force under section 24 of the
Extradition
(Foreign States) Act 1966 (or a Chief (Stipendiary, Police, Resident or
Special) Magistrate of the Territory of
) as
a witness on theday of , 19 , and then from
day to day unless excused from so attending:
And whereas the said witness has failed to attend on the day
of , 19 , as required by the summons:
And whereas I am satisfied that the summons was duly served on the said
witness and that a reasonable sum for the expenses of attendance was paid (or
tendered) to him:
This is therefore to authorize and command you forthwith to find the said
witness in any State or Territory of the Commonwealth and, having found him,
to
bring him before me to answer questions (and produce books, documents or
writings) as required by the summons, and to detain him in custody for that
purpose.
Given under my hand atthisday of , 19
. (Signature) (Description)
--------
Added by 1969 No. 136 r. 2
SCH
FORM 4
Regulation
8A
COMMONWEALTH OF AUSTRALIA
Extradition (Foreign States) Act 1966-1968
REQUEST TO TAKE EVIDENCE
To
a Chief (Stipendiary, Police, Resident or Special) Magistrate of the State of
being a person holding an office specified in an
arrangement in force under section 24 of the Extradition (Foreign States) Act
1966-1968.
or
a Chief (Stipendiary, Police, Resident or Special) Magistrate of the
Territory
of
.
I, , the Attorney-General of the Commonwealth,
inform you that a warrant has been issued in Australia (or in the Territory of
) for
the apprehension of (in this request referred to as "the said fugitive "),
being a person accused of an extraditable crime, and that the said fugitive
is
(or is suspected of being) in (or within the jurisdiction of, or of a part
of),
and I hereby request you to take such evidence in Australia as is produced to
you for transmission tofor use in any proceedings in
for the surrender of the said fugitive to Australia.
Dated thisday of , 19
.
(Signature)
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