Extradition (Kingdom of Cambodia) Regulations 2003 (Cth)

Extradition (Kingdom of Cambodia) Regulations 2003

Statutory Rules 2003 No. 34 as amended

made under the

Extradition Act 1988

This compilation was prepared on 26 February 2004

taking into account amendments up to SR 2004 No. 14

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

      1Name of Regulations [see Note 1]

These Regulations are the Extradition (Kingdom of Cambodia) Regulations 2003.

2Commencement [see Note 1]

These Regulations commence on gazettal.

3Definitions

In these Regulations:

Act means the Extradition Act 1988.

Cambodia means the Kingdom of Cambodia.

child means a person under the age of 18 years.

child sex offence means an offence, or the attempt to commit an offence, that includes:

1. (a)

   the indecent assault of a child; or

2. (b)

   the sexual assault of a child; or

3. (c)

   procuring or trafficking of a child for indecent purposes; or

4. (d)

   being knowingly concerned with the prostitution of a child; or

5. (e)

   living on the earnings of the prostitution of a child.

4Declaration that Cambodia is an extradition country

Cambodia is declared to be an extradition country.

5Application of Act in relation to Cambodia (Act s 11 (1) (b))

For paragraph 11 (1) (b) of the Act, the Act applies to Cambodia subject to these Regulations.

6Extradition offence for request by Cambodia

An extradition offence in relation to Cambodia must also be a child sex offence.

7Required documents

1. (1)

   For paragraph 11 (1) (b) of the Act, a judicial document, or other document attaching a judgment or copy of a judgment, authorising the apprehension of the person and issued in the extradition country, is taken to be a warrant mentioned in paragraph 19 (3) (a) of the Act in relation to a person deemed to be accused under subsection 10 (1) of the Act.

2. (2)

   For paragraph 19 (2) (b) of the Act, in relation to a person deemed to be accused under subsection 10 (1) of the Act, documents must be produced to the magistrate that contain evidence that:

   1. (a)

      it was reasonable for the person to know about the criminal proceedings brought against the person for the extradition offence, and the person chose not to attend the proceedings; or

   2. (b)

      the person has a right in the extradition country to appeal against, or apply to have set aside, the conviction.

8Release from remand

For subsection 11 (2) of the Act, paragraph 17 (2) (a) of the Act is modified in its application to Cambodia by omitting ‘45 days’ and inserting ‘60 days’.

Notes to the Extradition (Kingdom of Cambodia) Regulations 2003

Note 1

The Extradition (Kingdom of Cambodia) Regulations 2003 (in force under the Extradition Act 1988) as shown in this compilation comprise Statutory Rules 2003 No. 34 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
2003 No. 34	13 Mar 2003	13 Mar 2003
2004 No. 14	26 Feb 2004	26 Feb 2004	—

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 9.........................................	rep. 2004 No. 14