Extradition (Commonwealth countries) Regulations 2010
Select Legislative Instrument No. 154, 2010
made under the
Extradition Act 1988
Compilation No. 2
Compilation date: 5 December 2017
Includes amendments up to: F2017L01575
Registered: 18 December 2017
About this compilation
This compilation
This is a compilation of the Extradition (Commonwealth countries) Regulations 2010 that shows the text of the law as amended and in force on 5 December 2017 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1............ Name of Regulations..................................................................................................... 1
4............ Definitions..................................................................................................................... 1
5............ Extradition countries...................................................................................................... 1
7............ Modification of Act—definition of extradition offence.................................................. 1
8............ Modification of Act—condition to produce documents................................................. 1
9............ Modification of Act—when eligible person must not be surrendered........................... 1
10.......... Transitional.................................................................................................................... 2
Schedule 1—Extradition countries 3
Endnotes 6
Endnote 1—About the endnotes 6
Endnote 2—Abbreviation key 7
Endnote 3—Legislation history 8
Endnote 4—Amendment history 9
Endnote 5—Editorial changes 10
1 Name of Regulations
These Regulations are the Extradition (Commonwealth countries) Regulations 2010.
4 Definitions
In these Regulations:
Act means the Extradition Act 1988.
Commonwealth country means a country, colony, territory or protectorate declared to be an extradition country under regulation 5.
5 Extradition countries
For the definition of extradition country in section 5 of the Act, each country, colony, territory and protectorate mentioned in Schedule 1 is an extradition country.
7 Modification of Act—definition of extradition offence
For section 11 of the Act, the Act applies in relation to a Commonwealth country as if a reference to 12 months in paragraphs (a) and (b) of the definition of extradition offence in section 5 of the Act were a reference to 2 years.
8 Modification of Act—condition to produce documents
(1) For section 11 of the Act, the Act applies in relation to a Commonwealth country subject to the condition that the following documents must be produced to a magistrate for subsection 19(1) of the Act:
(a) a statement of the person’s identity, nationality and physical description and, to the extent possible, the person’s whereabouts;
(b) if the offence is an extradition offence of which the person is accused—documents that allow the prima facie evidence test to be satisfied.
(2) For subregulation (1), the prima facie evidence test is satisfied in accordance with paragraph 11(5)(b) of the Act.
Note: The documents mentioned in subregulation (1) are in addition to the documents that must be produced under section 19 of the Act.
9 Modification of Act—when eligible person must not be surrendered
(1) For section 11 of the Act, the Act applies in relation to a Commonwealth country subject to the condition that an eligible person must not be surrendered in relation to a qualifying extradition offence if the Attorney‑General is satisfied that it would be unjust, oppressive or too severe a punishment:
(a) to surrender the eligible person; or
(b) to surrender the eligible person before the end of a period stated by the Attorney‑General.
Examples
1 The offence is trivial.
2 The accusation against the eligible person was not made in good faith or in the interests of justice.
(2) In this regulation:
eligible person has the meaning given by section 22 of the Act.
qualifying extradition offence has the meaning given by section 22 of the Act.
10 Transitional
The Extradition (Commonwealth Countries) Regulations 1998, as in force immediately before the commencement of these Regulations, continue to apply to a request for extradition made by any of the following before the commencement of these Regulations:
(a) a Commonwealth country;
(b) Cook Islands;
(c) Kiribati;
(d) Nauru;
(e) Papua New Guinea;
(f) Samoa;
(g) Solomon Islands;
(h) Tonga;
(i) Tuvalu;
(j) Vanuatu.
Anguilla
Antigua and Barbuda
Bahamas
Bangladesh
Barbados
Belize
Bermuda
Botswana
British Antarctic Territory
British Indian Ocean Territory
British Virgin Islands
Brunei Darussalam
Cayman Islands
Cyprus
Dominica
Falkland Islands
Gambia
Ghana
Gibraltar
Grenada
Guyana
Jamaica
Kenya
Lesotho
Malawi
Maldives
Malta
Mauritius
Montserrat
Namibia
Nigeria
Pakistan
Pitcairn, Henderson, Ducie and Oeno Islands
St Helena
St Helena Dependencies
St Kitts and Nevis
St Lucia
St Vincent and the Grenadines
Seychelles
Sierra Leone
Singapore
South Georgia and the South Sandwich Islands
Sri Lanka
Swaziland
Tanzania
The Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus
Trinidad and Tobago
Turks and Caicos Islands
Uganda
Zambia
Zimbabwe
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| ed = editorial change | reloc = relocated |
| exp = expires/expired or ceases/ceased to have | renum = renumbered |
| effect | rep = repealed |
| F = Federal Register of Legislation | rs = repealed and substituted |
| gaz = gazette | s = section(s)/subsection(s) |
| LA = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
| Number and year | FRLI registration or gazettal | Commencement | Application, saving and transitional provisions |
| 154, 2010 | 1 July 2010 (F2010L01748) | 2 July 2010 (s 2) | |
| 210, 2012 | 3 Sept 2012 (F2012L01825) | Sch 4: 20 Sept 2012 (s 2) | — |
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Extradition Legislation Amendment (2017 Measures No. 1) Regulations 2017 | 4 Dec 2017 (F2017L01575) | Sch 1 (item 1): 5 Dec 2017 (s 2(1) item 1) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| r 2............................................. | rep LIA s 48D |
| r 3............................................. | rep LIA s 48C |
| r 6............................................. | rep No 210, 2012 |
| r 8............................................. | ed C2 |
| Schedule 1................................ | am F2017L01575 |
Endnote 5—Editorial changes
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Paragraph 8(1)(b) and subregulation 8(2)
Kind of editorial change
Change to typeface
Details of editorial change
This compilation was editorially changed to update two occurrences of the italicised words prima facie to regular font.