EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 158
Issued by the Authority of the Attorney-General
EXTRADITION (REPUBLIC OF SOUTH AFRICA) REGULATIONS (AMENDMENT)
These Regulations are being made pursuant to sections 10 and 31 of the Extradition (Foreign States) Act 1966.
These Regulations amend the Extradition (Republic of South Africa) Regulations to -
• make it clear that extradition will only be granted to South Africa for an offence which carries a penalty of at least twelve months imprisonment in both South Africa and Australia;
• include a number of provisions taken from Australia’s draft model extradition treaty which detail circumstances in which Australia will not grant extradition to South Africa;
• repeat a number of exceptions to extradition, such as the exception in relation to political offences, which are in the Act;
• provide that when South Africa requests the extradition of a fugitive it must supply sufficient evidence of guilt to justify the fugitive’s trial had the acts or omissions alleged against the fugitive been committed in Australia.