Extradition (Republic of South Africa) Regulations

Legislation au C2004L01807 Regulations Not in force Legislative Instrument

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Extradition (Republic of South Africa) Regulations

Statutory Rules 1988 No. 301 as amended

made under the

Extradition Act 1988

This compilation was prepared on 1 August 2001
taking into account amendments up to SR 2001 No. 52

[Note:  This Statutory Rule was repealed by SR 2001 No. 52]

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Page

 1 Citation [see Note 1] 

 2 Interpretation 

 3 Declaration of Republic of South Africa as extradition country             

 4 Application of Act in relation to Republic of South Africa 

 5 Limitations, etc in relation to application of Act 

Notes 

 

 

 

 

 

1 Citation [see Note 1]

  These regulations may be cited as the Extradition (Republic of South Africa) Regulations.

2 Interpretation

  In these regulations, unless the contrary intention appears:

relevant act or omission means an act or omission by a person in relation to an offence to which an extradition request for the surrender of the person relates, being an act or omission:

 (a) that is, in or in connection with the request, alleged to have taken place; or

 (b) of which evidence is produced in connection with the request.

requesting country means the Republic of South Africa.

the Act means the Extradition Act 1988.

3 Declaration of Republic of South Africa as extradition country

  The Republic of South Africa is declared to be an extradition country.

4 Application of Act in relation to Republic of South Africa

  The Act applies in relation to the Republic of South Africa subject to the limitations, conditions, exceptions or qualifications specified in regulation 5.

5 Limitations, etc in relation to application of Act

 (1) A person is not liable to be surrendered to the requesting country under a surrender warrant or temporary surrender warrant under Part II of the Act for an offence to which an extradition request by that country relates if:

 (a) had the relevant act or omission been alleged to have been committed by the person in, or within the jurisdiction of, the part of Australia where the person was found, the period within which proceedings could, in accordance with the law in force in that part of Australia, have been commenced against the person in respect of the offence constituted under that law by the act or omission would, at the time when the extradition request was made, have expired; or

 (b) the relevant act or omission is, under the law in force in any part of Australia, regarded as constituting an offence committed by the person, either in whole or in part, in, or within the jurisdiction of, Australia or that part of Australia.

 (2) The Attorney-General shall not issue a surrender warrant or temporary surrender warrant under Part II of the Act in relation to a person if the person, on being extradited to the requesting country, would be liable to be tried in that country by a court or tribunal:

 (a) that has been specially established for the purpose of trying the person’s case; or

 (b) that is only occasionally, or under exceptional circumstances, authorised to try persons accused of the offence to which the extradition request relates.

 (3) The conditions specified under subregulations (1) and (2) in relation to the issue of a surrender warrant or temporary surrender warrant apply in addition to any condition to which, under the Act, the issue of the relevant warrant is subject.

 (4) The Attorney-General may decline to issue a surrender warrant or temporary surrender warrant under Part II of the Act in relation to a person if:

 (a) the person is an Australian citizen; or

 (b) the Attorney-General, while taking into account the nature of the offence to which the extradition request relates and the interests of the requesting country, is nevertheless of the opinion that, in the circumstances of the case, it would be unjust, oppressive or incompatible with humanitarian considerations to surrender the person to that country.

Notes to the Extradition (Republic of South Africa) Regulations

Note 1

The Extradition (Republic of South Africa) Regulations (in force under the Extradition Act 1988) as shown in this compilation comprise Statutory Rules 1988 No. 301 amended as indicated in the Tables below.

 

Table of Statutory Rules

Year and
number

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

1988 No. 301

30 Nov 1988

1 Dec 1988 (see Gazette 1988, No. S366)

 

1997 No. 108

21 May 1997

21 May 1997

—

2001 No. 52

29 Mar 2001

1 Aug 2001

Rr. 4 and 6 [see Table A]

 

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 5.................

am. 1997 No. 108

Table A Application, saving or transitional provisions

Statutory Rules 2001 No. 52

4 Application of Act

  The Extradition Act 1988 applies to South Africa subject to the Treaty on Extradition between Australia and the Republic of South Africa, a copy of which is set out in Schedule 1.

6 Transitional

  Despite their repeal by these Regulations, the Extradition (Republic of South Africa) Regulations continue to apply in relation to extradition requests made before 1 August 2001.

 

 

Overview

The Extradition (Republic of South Africa) Regulations, 1988, as amended, were enacted to formalise and regulate the process of extradition between Australia and the Republic of South Africa, in accordance with the Extradition Act 1988. These regulations were introduced to address the need for a structured legal framework that governs the extradition of individuals between the two countries. They were enacted by the Parliament of Australia and are intended to ensure that extradition processes are conducted in a fair, lawful, and humane manner. The policy objective behind these regulations is to facilitate international cooperation in criminal matters while safeguarding the rights of individuals and maintaining the integrity of both legal systems. By specifying the conditions under which extradition can be granted or denied, the regulations aim to balance the interests of justice and the rule of law with the principles of fairness and humanity.

Scope and Application

The Extradition (Republic of South Africa) Regulations, which are statutory rules made under the Extradition Act 1988, establish the framework for extradition between Australia and the Republic of South Africa. These regulations apply to any person who is sought for extradition from Australia to South Africa and vice versa, in relation to offences as specified in the regulations. The geographic scope of these regulations is confined to the extradition processes between the two countries as per the Treaty on Extradition. The Act applies to the Republic of South Africa, with specific limitations that include the application of domestic statute of limitations, prohibitions on trials by specially established or exceptionally authorised courts, and considerations of justice and humanitarian factors. Notably, the Attorney-General has discretion to decline extradition if the person is an Australian citizen or if extradition would be unjust or oppressive. The Extradition Act 1988 and these regulations are subject to amendment through subordinate instruments, with changes taking effect as per the notification and commencement dates specified in the statutory rules.

Key Provisions

The Extradition (Republic of South Africa) Regulations, made under the Extradition Act 1988, outline specific procedures and conditions for the extradition of individuals between Australia and the Republic of South Africa. Under regulation 3, the Republic of South Africa is formally recognised as an extradition country, indicating that the procedures set out in the Act apply to it. Regulation 4 stipulates that the Extradition Act 1988 applies to the Republic of South Africa, subject to the limitations and conditions specified in the regulations. This includes any limitations, exceptions, or qualifications outlined in regulation 5. Regulation 5 provides detailed conditions under which a person may not be surrendered to the Republic of South Africa. For instance, if the alleged offence falls under the jurisdiction of Australian law and the statute of limitations has expired, the person cannot be surrendered (regulation 5(1)(a)). Additionally, if the alleged offence is considered to have occurred in Australia or within Australian jurisdiction, the person cannot be surrendered (regulation 5(1)(b)). Furthermore, regulation 5(2) prohibits the Attorney-General from issuing a surrender warrant if the individual would be tried by a court or tribunal established specifically for their case or one that only occasionally hears such cases. The Attorney-General also has the discretion to decline issuing a warrant if the person is an Australian citizen or if the extradition would be deemed unjust or incompatible with humanitarian considerations (regulation 5(4)). The Extradition (Republic of South Africa) Regulations impose several obligations on parties involved in the extradition process. The Attorney-General must ensure that extradition requests comply with the conditions outlined in the regulations. They must also consider the implications of extraditing Australian citizens or individuals who might face unjust trials. Failure to adhere to these conditions can lead to the refusal of extradition requests. Breaches of these regulations or the Extradition Act 1988 can result in civil or criminal consequences, including fines and imprisonment, though specific penalties are detailed in the Extradition Act rather than in these regulations. The precise penalties are not outlined in the Extradition (Republic of South Africa) Regulations, but they generally reflect those stipulated in the overarching Extradition Act 1988.

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Area of Law
International Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Offence Provisions
Extradition Procedures

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.