Extradition (Republic of Ireland) Regulations (Cth)

Statutory Rules 1984 No. 3121

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Extradition (Republic of Ireland) Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and being satisfied that, if the Extradition (Foreign States) Act 1966 applied in relation to the Republic of Ireland, the law of that State would, with or without any limitations, conditions, exceptions or qualifications, permit the surrender to Australia of persons accused or convicted of extraditable crimes within the meaning of Part IV of that Act who are found in that State, or within the jurisdiction of, or of a part of, that State, hereby make the following Regulations under the Extradition (Foreign States) Act 1966.

Dated 26 October 1984.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

LIONEL BOWEN

Minister of State for Trade for and on behalf of the Attorney-General

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Citation

1. These Regulations may be cited as the Extradition (Republic of Ireland) Regulations.

Interpretation

2. In these Regulations, “the Act” means the Extradition (Foreign States) Act 1966.

Application of the Act

3. The Act applies to the Republic of Ireland subject to the limitations, conditions, exceptions or qualifications specified in regulation 4.

 

Limitations, &c., in relation to the application of the Act

4. (1) A person is not liable to be surrendered to the Republic of Ireland in respect of an offence unless—

(a) the penalty for the offence is imprisonment for at least one year; or

(b) in a case where the offence is punishable by death, assurances satisfactory to Australia are given by the Republic of Ireland that the penalty of death will not be imposed or, if the law of the Republic of Ireland provides that no penalty other than the penalty of death shall be imposed, that penalty will not be carried out,

and unless an undertaking is given to Australia by the Republic of Ireland that the person will not be surrendered to another country by the Republic of Ireland without the permission of Australia.

(2) A person surrendered by the Republic of Ireland shall not be surrendered by Australia to another country for an offence committed before the surrender of the person by the Republic of Ireland except—

(a) with the consent of the Republic of Ireland; or

(b) where the person, having had an opportunity of leaving Australia, has not done so within 45 days of final discharge in respect of the offence for which the person was surrendered by the Republic of Ireland or, having left Australia after being so surrendered, has returned to Australia.

(3) A person surrendered by the Republic of Ireland shall not—

(a) be proceeded against, sentenced or detained in Australia with a view to the carrying out of a sentence or detention order, or otherwise restricted in his personal freedom, for any offence that is alleged to have been committed, or was committed, before the person was surrendered other than the offence to which the requisition for the surrender of the person relates except—

(i) with the consent of the Republic of Ireland; or

(ii) where the person, having had an opportunity of leaving Australia, has not done so within 45 days of final discharge in respect of the offence for which the person was surrendered by the Republic of Ireland or, having left Australia after being so surrendered, has returned to Australia; or

(b) where the description of the offence charged is altered in the course of proceedings, be proceeded against or sentenced in Australia in respect of that offence except so far as the offence under its new description is shown by its constituent elements to be an offence which would allow extradition from the Republic of Ireland.

 

NOTE

1. Notified in the Commonwealth of Australia Gazette