STATUTORY RULES
1967 No. 47
REGULATIONS UNDER THE EXTRADITION (FOREIGN STATES) ACT 1966*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Extradition (Foreign States) Act 1966.
Dated this tenth day of April, 1967.
CASEY
Governor-General.
By His Excellency’s Command,
NIGEL BOWEN
Attorney-General.
EXTRADITION (FOREIGN STATES) REGULATIONS
Citation.
1. These Regulations may be cited as the Extradition (Foreign States) Regulations.
Commencement.
2. These Regulations shall come into operation on the date fixed by Proclamation under section 2 of the Act.
Definition.
3. In these Regulations, unless the contrary intention appears, “the Act” means the Extradition (Foreign States) Act 1966.
Application For issue of warrant for apprehension of fugitive.
4. An application to a Magistrate for the issue of a warrant for the apprehension of a fugitive who is, or is suspected of being, in Australia shall be in writing in accordance with Form 1 in the Schedule to these Regulations.
Power of Magistrate to send for witnesses and documents.
5.—(1.) A Magistrate who is performing functions under the Act may issue a summons in accordance with Form 2 in the Schedule to these Regulations requiring a person named in the summons to appear as a witness before the Magistrate in connexion with the performance by the Magistrate of those functions and there to answer questions and produce to the Magistrate such books, documents and writings in his custody or control as are referred to in the summons.
(2.) Service on a person of a summons under this regulation may be effected in any State or Territory and shall be effected by delivering a copy of the summons to the person personally and, at the same time, showing the summons to him.
Duty of witness to continue in attendance.
6. A person who has been summoned under the last preceding regulation to attend before a Magistrate as a witness shall attend at the time and place specified in the summons and then from day to day unless excused by a Magistrate.
Arrest of witness failing to attend.
7.—(1.) If a person who has been summoned under regulation 5 of these Regulations to attend before a Magistrate fails so to attend as required by the last preceding regulation, the Magistrate may, on being satisfied that the summons has ‘been duly served and that a reasonable sum for the expenses of attendance
* Notified in the Commonwealth Gazette on , 1967.
959/67—Price 8c 9/16.2.1967
has been paid or tendered to that person, issue a warrant for the apprehension of that person in accordance with Form 3 in the Schedule to these Regulations.
(2.) A warrant so issued authorizes the apprehension of the person and his being brought before the Magistrate, and his detention in custody until he is released by order of the Magistrate.
(3.) A warrant so issued may be executed according to its tenor in any State or Territory.
(4.) The apprehension of a person under this regulation does not relieve him from any liability incurred by him by reason of his failure to attend before the Magistrate.
Witness fees.
8.—(1.) A person who attends in obedience to a summons under regulation 5 of these Regulations to attend as a witness before a Magistrate in a State or Territory is entitled to be paid witness fees and travelling allowances as if he were attending as a witness before a court of summary jurisdiction in that State or Territory or, in special circumstances, such fees and allowances as the Magistrate directs (less any amount previously paid to him for his expenses of attendance).
(2.) The fees and allowances are payable by the person at whose request the witness was summoned.
Power to examine on oath.
9.—(1.) A Magistrate performing functions under the Act may administer an oath to a person appearing as a witness before the Magistrate, whether the witness has been summoned or appears without being summoned, and may examine the witness on oath.
(2.) Where a witness conscientiously objects to take an oath, he may make an affirmation (that he conscientiously objects to take an oath and that he will state the truth, the whole truth, and nothing but the truth to all questions that are asked him.
(3.) An affirmation so made is of the same force and effect, and entails the same liabilities, as an oath.
Offences by witnesses.
10. A person summoned to attend before a Magistrate as a witness shall not—
(a) without reasonable excuse, fail to attend as required by the summons, after payment or tender of a reasonable sum for his expenses of attendance;
(b) refuse to be sworn or to make an affirmation as a witness or, without reasonable excuse, to answer any question when required to do so by the Magistrate.; or
(c) without reasonable excuse, refuse or fail to produce a book, document or writing that he was required by the summons to produce.
Penalty: Two hundred dollars.
Offences in relation to Magistrates.
11. A person shall not, when a Magistrate is performing functions under the Act—
(a) wilfully insult or disturb the Magistrate;
(b) interrupt the proceedings before the Magistrate;
(c) use insulting language to the Magistrate; or
(d) by writing or speech use words calculated—
(i) to influence improperly the Magistrate or a witness before the Magistrate; or
(ii) to bring the Magistrate into disrepute.
Penalty: Two hundred dollars.
Protection of Magistrates, &c.
12.—(1.) A Magistrate who performs functions under the Act in a State or Territory has the same protection and immunity as a Judge of the Supreme Court of that State or Territory has in the performance of his duty as a Judge of the Supreme Court,
(2.) A barrister or solicitor appearing before a Magistrate in a State or Territory in connexion with the performance by the Magistrate of functions under the Act has the same protection and immunity as a barrister or solicitor, as the case may be, has in appearing for a party in proceedings in the Supreme Court of that State or Territory.
(3.) Where a person who is not represented by a barrister or solicitor appears before a Magistrate in a State or Territory in connexion with the performance by the Magistrate of functions under the Act, the person has the same protection and immunity as a party to proceedings in the Supreme Court of that State or Territory has in appearing before that Court when not so represented.
(4.) A witness summoned to attend or appearing before a Magistrate who performs functions under the Act in a State or Territory has the same protection as a witness in proceedings in the Supreme Court of that State or Territory.
Conditions of admission to bail.
13. Where a Magistrate remands on bail a person brought before him under the Act, the admission of the person to bail may be subject to such conditions and recognizances as the Magistrate thinks fit.
Forfeiture of recognizance.
14.—(1.) Where a person has been admitted to bail under the Act in a State or Territory and a Magistrate in that State or Territory or, where the person was admitted to bail by a Judge of the Supreme Court of that State or Territory, a Judge of that Court is satisfied that the person has failed to comply with the conditions of the recognizance upon which he was so admitted to bail, that Magistrate or Judge may, by order under his hand, declare the recognizance to be forfeited.
(2.) Where a recognizance is so declared to be forfeited, payment of any sum due under the recognizance by a person residing in the State or Territory in which the recognizance was declared to be forfeited may be enforced as a fine imposed by a District or County Court or other inferior Court of Record having jurisdiction in that State or Territory.
(3.) An amount recovered in pursuance of this section shall be transmitted to the Attorney-General of the Commonwealth.
Compliance with Forms.
15. Strict compliance with the Forms in the Schedule to these Regulations is not required and substantial compliance is sufficient.
THE SCHEDULE
Form 1
Regulation 4.
Commonwealth of Australia
Extradition (Foreign States) Act 1966
APPLICATION FOR WARRANT
To
a Chief [Stipendiary, Police, Resident or Special] Magistrate of the State of , being a person holding an office specified in an arrangement made under section 24 of the Extradition (Foreign States)Act 1966.
or
a Chief [Stipendiary, Police, Resident or Special] Magistrate of the State of
or
a Magistrate of the District Court of the Island of Nauru.
I, , of , inform you that (in this Application referred to as “the said fugitive”) is accused [or has been convicted] of the offence of alleged to have been committed [or committed] in [or
The Schedule—continued
Form 1—continued
within the jurisdiction of] and that the said fugitive is [or is suspected of being] in Australia or a Territory of the Commonwealth and I hereby apply for the issue of a warrant for the apprehension of the said fugitive.
Dated this day of , 19 .
(Signature)
(Description)
———
Form 2
Regulation 5.
Commonwealth of Australia
Extradition (Foreign States) Act 1966
SUMMONS
In the Matter of Proceedings relating to under the Extradition (Foreign States) Act 1966
To
In pursuance of the power conferred by regulation 5 of the Extradition (Foreign States) Regulations, you are hereby summoned to attend at on the day of , 19 , at the hour of o’clock in the noon, and then from day to day unless excused from so attending [and then and there to produce the following books, documents and writings ].
Dated this day of , 19 .
(Signature)
(Description)
Note.—Under the Extradition (Foreign States) Regulations a person who, having been served with a summons and paid or tendered a reasonable sum for his expenses, fails to attend as required by the summons—
(a) is guilty of an offence and liable, upon conviction, to a fine not exceeding Two hundred dollars; and
(b) is liable without further notice to be apprehended and brought before a Magistrate.
———
Form 3
Regulation 7.
Commonwealth of Australia
Extradition (Foreign Slates) Act 1966
WARRANT OF APPREHENSION
To all Commonwealth Police Officers and all members of the Police Forces of the States and Territories of the Commonwealth.
Whereas of (in this Warrant referred to as “the said witness”) was summoned to attend before me, a Chief [Stipendiary, Police, Resident or Special] Magistrate of the State of , being a person who holds an office specified in an arrangement made under section 24 of the Extradition (Foreign States) Act 1966 [or a Chief [Stipendiary, Police, Resident or Special] Magistrate of the Territory of or a Magistrate of the District Court of the Island of Nauru] as a witness on the day of , 19 , and then from day to day unless excused from so attending:
And whereas the said witness has failed to attend on the day of , 19 , as required by the summons:
And whereas I am satisfied that the summons was duly served on the said witness and that a reasonable sum for the expenses of attendance was paid [or tendered] to him:
This is therefore to authorize and command you forthwith to find the said witness in any State or Territory of the Commonwealth and, having found him, to bring him before me to answer questions [and produce books, documents or writings] as required by the summons, and to detain him in custody for that purpose.
Given under my hand at this day of , 19 .
(Signature)
(Description)
By Authority: A. J. Arthur. Commonwealth Government Printer, Canberra