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Extradition (Thailand) Regulations

Authoritative Version
SR 1995 No. 372 Regulations as made
Principal Regulations
Administered by: Attorney-General's
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 26
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR30-Apr-1996
Tabled Senate30-Apr-1996
Gazetted 06 Dec 1995

Statutory Rules 1995   No. 3721

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Extradition (Thailand) Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Extradition Act 1988.

Dated 29 November 1995.

 

                                                                                    BILL HAYDEN

                                                                                   Governor-General

By His Excellency’s Command,

 

 

M. LAVARCH

Attorney-General

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Citation

               1.   These Regulations may be cited as the Extradition (Thailand) Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

Interpretation

               2.   In these Regulations, unless the contrary intention appears:

“Act” means the Extradition Act 1988;

“Thailand” means the Kingdom of Thailand.

Declaration that Thailand is an extradition country

               3.   Thailand is declared to be an extradition country.

Application of the Act in relation to Thailand

               4.   (1)    The Act applies to Thailand subject to the limitation, condition, exception or qualification set out in subregulation (2).

             (2)   For the purposes of subsection 22 (2) of the Act, the surrender to Thailand of an eligible person must be refused if, on being extradited, he or she would be liable to be tried for the qualifying extradition offence by a court or tribunal of Thailand:

             (a)   that has been specially established to try the person; or

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

[NOTE: Once a person has been found to be eligible for extradition, or has consented to extradition, the Attorney-General must decide whether or not the person is to be surrendered.  If the Act applies to an extradition country subject to a condition that extradition must be refused in certain circumstances, the Attorney-General must not surrender a person to that extradition country unless the Attorney-General is satisfied that the circumstances do not exist: see paragraph 22 (3) (e) of the Act.  The Act also limits the Attorney-General’s discretion to authorise surrender of the person in other ways: see section 22 of the Act.]

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NOTE

1.   Notified in the Commonwealth of Australia Gazette on 6 December 1995.