Extradition (Republic of the Marshall Islands) Regulations 1993 (Cth)

Extradition (Republic of the Marshall Islands) Regulations 1993

Statutory Rules1993 No. 187 as amended

made under the

Extradition Act 1988

This compilation was prepared on 20 September 2012

taking into account amendments up to SLI 2012 No. 210

Prepared by the Office of Legislative Drafting and Publishing,

Attorney-General’s Department, Canberra

Contents

    1Name of Regulations [see Note 1]

 These Regulations are the Extradition (Republic of the Marshall Islands) Regulations 1993.

2Interpretation

• (1)

  In these Regulations:

  Act means the Extradition Act 1988.

  Marshall Islands means the Republic of the Marshall Islands.

3Declaration that the Marshall Islands is an extradition country

The Marshall Islands is declared to be an extradition country.

5Application of Act in relation to the Marshall Islands

• (1)

  The Act applies to the Marshall Islands subject to the limitation, condition, exception or qualification set out in subregulation (2).

   (2) The surrender to the Marshall Islands of an eligible person must be refused if, on being extradited, he or she would be liable to be tried for the offence to which the extradition request relates by a court or tribunal of the Marshall Islands:

  • (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.

  Note   Once a person has been found to be eligible for extradition, or has consented to extradition, the Attorney‑General must decide whether or not the person is to be surrendered. If the Act applies to an extradition country subject to a condition that extradition must be refused in certain circumstances, the Attorney‑General must not surrender a person to that extradition country unless the Attorney‑General is satisfied that the circumstances do not exist: Act, paragraph 22 (3) (e). The Act also limits the Attorney‑General’s discretion to authorise surrender of the person in other ways: see section 22 generally.

Notes to the Extradition (Republic of the Marshall Islands) Regulations 1993

Note 1

The Extradition (Republic of the Marshall Islands) Regulations 1993 (in force under the Extradition Act 1988) as shown in this compilation comprise Statutory Rules 1993 No. 187 amended as indicated in the Tables below.

Table of Instruments

Year and Number	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
1993 No. 187	30 June 1993	30 June 1993
2012 No. 210	3 Sept 2012 (see F2012L01825)	Schedule 13: 20 Sept 2012 (see s. 2)	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1........................................	rs. 2012 No. 210
R. 4........................................	rep. 2012 No. 210