Statutory Rules
1991 No. 961
Extradition
(Republic of Fiji) Regulations
I,
THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting
with the advice of the Federal Executive Council, make the following
Regulations under the Extradition Act
1988.
Dated 16 May 1991.
W.B. CAMPBELL
Administrator
By
His Excellency’s Command,
MICHAEL
DUFFY
Attorney-General
Citation
1. These Regulations may
be cited as the Extradition (Republic of Fiji) 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 Republic of
Fiji;
“the
Act” means the Extradition Act 1988.
Declaration of the
Republic of Fiji as extradition country
3. The Republic of Fiji is
declared to be an extradition country.
26067
(S.R. 310/88)—Cat. No. 14/7.5.1991
Application of Act in
relation to the Republic of Fiji
4. The Act applies in
relation to the Republic of Fiji 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:
(a)
had the relevant act or omission been alleged to have been committed by the
person in, or within the jurisdiction of, the part of Australia where the
person was found, the period within which proceedings could, in accordance with
the law in force in that part of Australia, have been commenced against the
person in respect of the offence constituted under that law by the act or
omission would, at the time when the extradition request was made, have
expired; or
(b)
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.
(5) The documents required
to be produced to a magistrate for the purposes of subsection 19 (1) of the Act
in relation to an extradition offence for which surrender of a person is sought
by the requesting country are, in addition to the supporting documents within
the meaning of paragraph 19 (2) (a) of the Act, documents that allow the
sufficient evidence test to be satisfied.
(6) In subregulation (5), a
reference to the sufficient evidence test being satisfied is a reference to
that test being satisfied as referred to in paragraph 11 (5) (a) of the Act.
NOTE
1. Notified in
the Commonwealth of Australia Gazette on
23 May 1991.
Printed
by Authority by the Commonwealth Government Printer