Extradition (Commonwealth countries) Regulations 2010

Extradition (Commonwealth countries) Regulations 2010

Select Legislative Instrument No. 154, 2010

made under the

Extradition Act 1988

Compilation No. 3

Compilation date: 10 December 2024

Includes amendments: F2024L01614

About this compilation

This compilation

This is a compilation of the Extradition (Commonwealth countries) Regulations 2010 that shows the text of the law as amended and in force on 10 December 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Name of Regulations

4 Definitions

5 Extradition countries

7 Modification of Act—definition of extradition offence

8 Modification of Act—additional documents that must be produced for eligibility for surrender

9 Modification of Act—when eligible person must not be surrendered

10 Transitional

11 Transitional—Extradition Legislation Amendment (Commonwealth Countries) Regulations 2024

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name of Regulations

  These Regulations are the Extradition (Commonwealth countries) Regulations 2010.

4  Definitions

  In these Regulations:

Act means the Extradition Act 1988.

Commonwealth country means a country, colony, territory or protectorate declared to be an extradition country under regulation 5.

5  Extradition countries

 (1) For the purposes of the definition of extradition country in section 5 of the Act, each of the following is an extradition country:

 (a) a country that:

 (i) is a member of the Commonwealth of Nations; and

 (ii) is not specified by name in any other regulations that declare it to be an extradition country for the purposes of that definition;

 (b) a country, colony, territory or protectorate specified in subregulation (2).

Note: Information identifying members of the Commonwealth of Nations could, in 2024, be viewed on the Commonwealth of Nations website (https://www.thecommonwealth.org).

 (2) The following are specified for the purposes of paragraph (1)(b):

 (a) Anguilla;

 (b) Bermuda;

 (c) British Antarctic Territory;

 (d) British Indian Ocean Territory;

 (e) British Virgin Islands;

 (f) Cayman Islands;

 (g) Falkland Islands;

 (h) Gibraltar;

 (i) Montserrat;

 (j) Pitcairn, Henderson, Ducie and Oeno Islands;

 (k) the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus;

 (l) South Georgia and the South Sandwich Islands;

 (m) St Helena, Ascension and Tristan Da Cunha;

 (n) Turks and Caicos Islands.

7  Modification of Act—definition of extradition offence

  For section 11 of the Act, the Act applies in relation to a Commonwealth country as if a reference to 12 months in paragraphs (a) and (b) of the definition of extradition offence in section 5 of the Act were a reference to 2 years.

8  Modification of Act—additional documents that must be produced for eligibility for surrender

 (1) For the purposes of section 11 of the Act, the Act applies in relation to a Commonwealth country subject to the condition that the following additional documents must be produced to a magistrate or eligible Judge in order for a person to be eligible for surrender in relation to an extradition offence under section 19 of the Act (as referred to in paragraph 19(2)(b) of the Act):

 (a) a statement of the person’s identity, nationality and physical description and, to the extent possible, the person’s whereabouts;

 (b) if the offence is an extradition offence of which the person is accused—the documents mentioned in subregulation (2).

 (2) For the purposes of paragraph (1)(b), the documents are the following:

 (a) a recital of the evidence (whether or not admissible in evidence under the law of Australia) acquired to support the application for the surrender of the person to the Commonwealth country in relation to the offence;

 (b) a duly authenticated statement in writing of an officer of an investigating authority of the Commonwealth country stating that:

 (i) the recital of evidence was prepared by or under the direction of that officer; and

 (ii) the evidence mentioned in the recital in relation to the offence is available to be produced at the trial of that person;

 (c) a certificate of an official of the Commonwealth country referred to subregulation (3) that, in the official’s opinion, the recital of evidence discloses the existence of evidence under the law of the country that justifies prosecution of the person for the offence.

 (3) For the purposes of paragraph (2)(c), the following officials of a Commonwealth country may issue the certificate:

 (a) a Minister of the government of the country;

 (b) a judicial or prosecuting authority of the country;

 (c) if the Commonwealth country is a colony, territory or protectorate—a person administering the government of the country or any person administering a Department of the government of the country.

9  Modification of Act—when eligible person must not be surrendered

 (1) For section 11 of the Act, the Act applies in relation to a Commonwealth country subject to the condition that an eligible person must not be surrendered in relation to a qualifying extradition offence if the Attorney‑General is satisfied that it would be unjust, oppressive or too severe a punishment:

 (a) to surrender the eligible person; or

 (b) to surrender the eligible person before the end of a period stated by the Attorney‑General.

Examples

1   The offence is trivial.

2   The accusation against the eligible person was not made in good faith or in the interests of justice.

 (2) In this regulation:

eligible person has the meaning given by section 22 of the Act.

qualifying extradition offence has the meaning given by section 22 of the Act.

10  Transitional

  The Extradition (Commonwealth Countries) Regulations 1998, as in force immediately before the commencement of these Regulations, continue to apply to a request for extradition made by any of the following before the commencement of these Regulations:

 (a) a Commonwealth country;

 (b) Cook Islands;

 (c) Kiribati;

 (d) Nauru;

 (e) Papua New Guinea;

 (f) Samoa;

 (g) Solomon Islands;

 (h) Tonga;

 (i) Tuvalu;

 (j) Vanuatu.

11  Transitional—Extradition Legislation Amendment (Commonwealth Countries) Regulations 2024

  These Regulations as in force immediately before the commencement of the Extradition Legislation Amendment (Commonwealth Countries) Regulations 2024 continue to apply to a request for extradition received by Australia before that commencement.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history