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Extradition Amendment Regulations 2000 (No. 1)

Authoritative Version
  • - F2000B00186
  • No longer in force
SR 2000 No. 177 Regulations as made
These Regulations amend the Extradition Regulations.
Administered by: Attorney-General's
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR14-Aug-2000
Tabled Senate14-Aug-2000
Gazetted 12 Jul 2000
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013
Table of contents.

Extradition Amendment Regulations 2000 (No. 1)

Statutory Rules 2000 No. 177

I, WILLIAM PATRICK DEANE, 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 5 July 2000

WILLIAM DEANE

Governor-General

By His Excellency’s Command

amanda vanstone

Minister for Justice and Customs

 


Extradition Amendment Regulations 2000 (No. 1)1

Statutory Rules 2000 No. 1772

made under the

 

 

 

Contents

                                                                                                                 Page

                        1  Name of Regulations                                                         2

                        2  Commencement                                                                2

                        3  Amendment of Extradition Regulations                               2

Schedule 1           Amendments                                                                    3

 


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1              Name of Regulations

                These Regulations are the Extradition Amendment Regulations 2000 (No. 1).

2              Commencement

                These Regulations commence on gazettal.

3              Amendment of Extradition Regulations

                Schedule 1 amends the Extradition Regulations.


Schedule 1        Amendments

(regulation 3)

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[1]         Regulation 1

substitute

1              Name of Regulations

                These Regulations are the Extradition Regulations 1988.

[2]         Schedule, Form 4

substitute

Form 4        Application for provisional arrest warrant

(subsection 12 (1) and
regulation 3)

Commonwealth of Australia

Extradition Act 1988

To a magistrate within the meaning of the Extradition Act 1988 (the Act).

I,                             , of                           , apply under subsection 12 (1) of the Act on behalf of (insert name of country), an extradition country, for the issue of a warrant under that subsection for the arrest of (insert name of person).

The affidavit attached to this application and marked ...……………….... sets out information that (insert name of person) is an extraditable person for the purposes of the Act in relation to that extradition country.

Dated                           

 

 

(Signature and designation of applicant)

[3]         Schedule, Form 6

substitute

Form 6        Notice directing magistrate to cancel warrant

(subsection 12 (3) and
regulation 3)

Commonwealth of Australia

Extradition Act 1988

To a magistrate within the meaning of the Extradition Act 1988 (the Act).

GIVEN THAT:

                        (a)      I have become aware of the issue of a warrant by a magistrate under subsection 12 (1) of the Act for the arrest of (insert name of person); and

                        (b)      (insert name of person) has not been arrested under that warrant; and

                        (c)      I consider that the warrant should be cancelled;

I,                      , Attorney-General of the Commonwealth of Australia, under subsection 12 (3) of the Act, direct you to cancel the warrant.

Dated                           

 

 

Attorney-General

[4]         Schedule, Forms 9 and 10

substitute

Form 9        Notice of receipt of extradition request

(subsection 16 (1) and
regulation 3)

Commonwealth of Australia

Extradition Act 1988

To a magistrate before whom the person named in this notice is brought.

I,                                , Attorney-General of the Commonwealth of Australia, under subsection 16 (1) of the Extradition Act 1988, state that an extradition request has been received from (insert name of country), an extradition country, in relation to (insert name of person) for the following extradition *offence/*offences: (specify the relevant offence or offences).

 

*Omit if not applicable.

Dated                          

 

 

Attorney-General

Form 10      Notice to order release from remand

(subsection 17 (1) and
regulation 3)

Commonwealth of Australia

Extradition Act 1988

To a magistrate within the meaning of the Extradition Act 1988 (the Act).

GIVEN THAT I consider that the remand of (insert name of person) under section 15 of the Act should cease;

I,                                , Attorney-General of the Commonwealth of Australia, under subsection 17 (1) of the Act, direct you to order *the release of (insert name of person) from custody/*the discharge of the recognisances on which bail was granted to (insert name of person).

 

*Omit if not applicable.

 

Dated                         

 

 

Attorney-General

[5]         Schedule, Forms 13, 14 and 15

substitute

Form 13      Surrender warrant under section 23

(section 23 and
regulation 3)

Commonwealth of Australia

Extradition Act 1988

To the person in whose custody (insert name of person) is being held

AND to all police officers within the meaning of the Extradition Act 1988 (the Act)

AND to (insert name of foreign escort officer) (in this warrant called the escort).

GIVEN THAT I have determined, under subsection 22 (2) of the Act, that (insert name of person) is to be surrendered to (insert name of country), an extradition country, in relation to the extradition *offence/*offences of (specify the relevant offence or offences);

I,                      , Attorney-General of the Commonwealth of Australia, under section 23 of the Act:

                 (a)      require you, the person in whose custody (insert name of person in custody) is being held, to release *him/*her into the custody of a police officer; and

                (b)      authorise that police officer to transport (insert name of person) in custody, and if necessary or convenient, to detain *him/*her in custody, for the purpose of enabling *him/*her to be placed in the custody of the escort and transported out of Australia; and

                 (c)      authorise the escort to transport (insert name of person) in custody out of Australia to a place in (insert name of country) for the purpose of surrendering *him/*her to a person appointed by that country to receive *him/*her.

 

*Omit if not applicable.

 

Dated                        

 

 

Attorney-General

 

Form 14      Temporary surrender warrant under section 24

(section 24 and
regulation 3)

Commonwealth of Australia

Extradition Act 1988

To the person in whose custody (insert name of person) is being held

AND to all police officers within the meaning of the Extradition Act 1988 (the Act)

AND to (insert name of foreign escort officer) (in this warrant called the escort).

GIVEN THAT:

          (a)      I have determined, under subsection 22 (2) of the Act, that (insert name of person) is to be surrendered to (insert name of country), an extradition country, in relation to the extradition *offence/*offences of (specify the relevant offence or offences); and

          (b)      (insert name of person) is serving *a sentence/*sentences of imprisonment in relation to *an offence/*offences against *a law/*laws of Australia; and

          (c)      a surrender offence in relation to (insert name of person) is an offence of which the person is accused;

I,                                , Attorney-General of the Commonwealth of Australia, under subsection 24 (1) of the Act:

          (d)      require you, the person in whose custody (insert name of person in custody) is being held, to release *him/*her into the custody of a police officer; and

          (e)      authorise that police officer to transport (insert name of person) in custody, and if necessary or convenient, to detain *him/*her in custody, for the purpose of enabling *him/*her to be placed in the custody of the escort and transported out of Australia; and

           (f)      authorise the escort to transport (insert name of person) in custody out of Australia to a place in (insert name of country) for the purpose of surrendering *him/*her to a person appointed by that country to receive *him/*her.

 

*Omit if not applicable.

 

Dated                          

 

 

Attorney-General

 

Form 15      Surrender warrant under section 25

(section 25 and
regulation 3)

Commonwealth of Australia

Extradition Act 1988

To the person in whose custody (insert name of person) is being held

AND to all police officers within the meaning of the Extradition Act 1988 (the Act)

AND to (insert name of foreign escort officer) (in this warrant called the escort).

GIVEN THAT:

               (a)      (insert name of person) has been surrendered to (insert name of country), an extradition country, in accordance with a temporary surrender warrant issued under section 24 of the Act; and

               (b)      (insert name of person) has been returned to Australia in accordance with undertakings mentioned in subparagraph 24 (1) (d) (ii) of the Act; and

               (c)      (insert name of country) still seeks the surrender of (insert name of person) for the following surrender *offence/*offences of (specify the relevant offence or offences);

I,                                , Attorney-General of the Commonwealth of Australia, under subsection 25 (1) of the Act:

               (d)      require you, the person in whose custody (insert name of person in custody) is being held, to release *him/*her into the custody of a police officer; and

               (e)      authorise that police officer to transport (insert name of person) in custody, and if necessary or convenient, to detain *him/*her in custody, for the purpose of enabling *him/*her to be placed in the custody of the escort and transported out of Australia; and

               (f)      authorise the escort to transport (insert name of person) in custody out of Australia to a place in (insert name of country) for the purpose of surrendering *him/*her to a person appointed by that country to receive *him/*her.

 

*Omit if not applicable.

 

Dated                         

 

 

Attorney-General

[6]         Schedule, Form 23

substitute

Form 23      Temporary surrender warrant under section 36

(section 36 and
regulation 3)

Commonwealth of Australia

Extradition Act 1988

To all police officers within the meaning of the Extradition Act 1988 (the Act)

AND to (insert name of New Zealand escort officer) (in this warrant called the escort).

GIVEN THAT:

               (a)      a surrender warrant has been issued in relation to (insert name of person) *under subsection 34 (1) of the Act/*in compliance with an order of a court under subparagraph 35 (2) (b) (ii) of the Act (including on any appeal referred to in section 35 of the Act); and

               (b)      no proceedings are being conducted or available under section 35 of the Act in relation to *the order set out in the warrant/*the order of the court; and

               (c)      (insert name of person) is serving *a sentence/*sentences of imprisonment in relation to *an offence/*offences against *a law/*laws of Australia; and

               (d)      the offence in relation to which endorsed New Zealand warrant ............. (identify the warrant) in relation to (insert name of person) was issued is an offence of which *he/*she is accused;

I,                                , Attorney-General of the Commonwealth of Australia, under subsection 36 (1) of the Act:

               (e)      authorise you, the police officers to whom this temporary surrender warrant is addressed, to take (insert name of person) into custody, to transport *him/*her in custody and, if necessary or convenient, to detain *him/*her in custody, for the purpose of enabling *him/*her to be placed in the custody of the escort and transported out of Australia; and

               (f)      authorise you, the escort, to transport (insert name of person) in custody out of Australia to a place in New Zealand for the purpose of surrendering *him/*her to a person appointed by New Zealand to receive *him/*her.

 

*Omit if not applicable.

 

Dated                     

 

 

Attorney-General

 

[7]         Schedule, Form 27

substitute

Form 27      Application for transport in custody through Australia

(subsection 48 (1) and
regulation 3)

Commonwealth of Australia

Extradition Act 1988

To a magistrate within the meaning of the Extradition Act 1988 (the Act).

I,                           , of                             , on behalf of (insert New Zealand or name of extradition country) (in this application called the receiving country) apply for the issue under subsection 48 (1) of the Act of a warrant ordering (insert name of person who is to have custody) to hold in custody (insert name of person who is to be held in custody), being a person whom the receiving country wishes to transport in custody through Australia to be surrendered to the receiving country by (insert name of other country), for such period or periods as you consider necessary to facilitate the transporting of that person in custody through Australia.

Dated                        

 

(Signature and designation of applicant)

 


Notes

1.       These Regulations amend Statutory Rules 1988 No. 280, as amended by 1992 No. 333.

2.       Made by the Governor-General on 5 July 2000, and notified in the Commonwealth of Australia Gazette on 12 July 2000.