EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 216
EXTRADITION (COMMONWEALTH COUNTRIES) REGULATIONS (AMENDMENT)
Section 37 of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out, or giving effect to the Act.
The Act was amended by the Statute Law (Miscellaneous Provisions) Act No. 2, 1985. This Act, which came into force on 16 December 1985, re-enacted the original section 17 of the Act (which empowers the Attorney-General to issue a warrant for the surrender of a fugitive in accordance with the form prescribed for the purposes of the Act) as section 17A. The Regulations, by regulation 23, prescribe Form 13 in the Schedule to the Regulations to be the form for the purpose of section 17. These regulations amend regulation 23 and also prescribe a new Form 13. This form differs from the old Form in that the reference to the section of the Act has been changed from section 17 to section 17A.
The previous Form 13 was addressed to the ‘keeper of the prison’ in which the fugitive was being held in custody.
These regulations amend Form 13 by deleting the reference to the ‘keeper of the prison’ on the basis that a fugitive may not be in custody - he may, for example, have been granted bail. It also makes minor drafting changes to the layout of the form.