EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 294
EXTRADITION (FOREIGN STATES) ACT 1966
EXTRADITION (FEDERAL REPUBLIC OF GERMANY) REGULATIONS (AMENDMENT)
Section 31 provides for the Governor-General to make regulations, not inconsistent with the Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
During a recent extradition hearing, a Magistrate discharged a fugitive after holding that the expression ‘evidence of which is produced in accordance with the requisition’, as used in sub-regulation 4(1) of the Regulations meant evidence in the legal sense as opposed to ‘a duly authenticated statement in writing setting out all the acts or omissions in respect of which the surrender of the person is requested’ required under sub-paragraph 17(6)(a)(i)(C) of the Act.
This result is at variance with what was intended by the Regulations, as the Federal Republic of Germany is a country to which the ‘no list’, no prima-facie evidence provisions should apply.
This amendment to the Regulations removes the anomaly.