Extradition (Republic of South Africa) Regulations (Cth)

Extradition (Republic of South Africa) Regulations

Statutory Rules 1988 No. 301 as amended

made under the

Extradition Act 1988

This compilation was prepared on 1 August 2001

taking into account amendments up to SR 2001 No. 52

[Note:

This Statutory Rule was repealed by SR 2001 No. 52]

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

Page

• •
• •
• •
• •

    

1Citation [see Note 1]

 These regulations may be cited as the Extradition (Republic of South Africa) Regulations.

2Interpretation

 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 South Africa.

the Act means the Extradition Act 1988.

3Declaration of Republic of South Africa as extradition country

 The Republic of South Africa is declared to be an extradition country.

4Application of Act in relation to Republic of South Africa

 The Act applies in relation to the Republic of South Africa subject to the limitations, conditions, exceptions or qualifications specified in regulation 5.

5Limitations, etc in relation to application of Act

• (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.

Notes to the Extradition (Republic of South Africa) Regulations

Note 1

The Extradition (Republic of South Africa) Regulations (in force under the Extradition Act 1988) as shown in this compilation comprise Statutory Rules 1988 No. 301 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
1988 No. 301	30 Nov 1988	1 Dec 1988 (see Gazette 1988, No. S366)
1997 No. 108	21 May 1997	21 May 1997	—
2001 No. 52	29 Mar 2001	1 Aug 2001	Rr. 4 and 6 [see Table A]

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 5..........................................	am. 1997 No. 108

Table AApplication, saving or transitional provisions

Statutory Rules 2001 No. 52

4Application of Act

 The Extradition Act 1988 applies to South Africa subject to the Treaty on Extradition between Australia and the Republic of South Africa, a copy of which is set out in Schedule 1.

6Transitional

 Despite their repeal by these Regulations, the Extradition (Republic of South Africa) Regulations continue to apply in relation to extradition requests made before 1 August 2001.