Extradition (Republic of South Africa) Regulations (Cth)

Statutory Rules 1985 No. 141

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Extradition (Republic of South Africa) 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 South Africa, 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 15 February 1985.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

LIONEL BOWEN

Attorney-General

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Citation

1. These Regulations may be cited as the Extradition (Republic of South Africa) 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 South Africa 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 South Africa in respect of an offence unless—

(a) the offence, not being an offence punishable by death, is punishable by 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 South Africa that the penalty of death will not be imposed or, if the law of the Republic of South Africa provides that no penalty other than the penalty of death shall be imposed, that that penalty will not be carried out and will be commuted into a penalty depriving the person of liberty,

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

(2) A person is not liable to be surrendered to the Republic of South Africa if—

(a) the offence to which the requisition for the surrender of the person relates is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character; or

(b) there are substantial grounds for believing that—

(i) the requisition for the surrender of the person, although purporting to have been made in respect of an offence for which, but for this paragraph, the person would be liable to be surrendered to the Republic of South Africa, was made for the purpose of prosecuting or punishing the person on account of his or her race, religion, nationality or political opinions; or

(ii) if the person is surrendered to that state, the person may be prejudiced at his or her trial, or punished, detained or restricted in his or her personal liberty, by reason of his or her race, religion, nationality or political opinions.

(3) Australia may refuse to surrender to the Republic of South Africa a person who is an Australian citizen.

 

NOTE

1. Notified in the Commonwealth of Australia Gazette