Extradition (Commonwealth countries) Regulations 2010

1 Name of Regulations

These Regulations are the Extradition (Commonwealth countries) Regulations 2010.

2 Commencement

These Regulations commence on the day after they are registered.

3 Repeal

The Extradition (Commonwealth Countries) Regulations 1998 are repealed.

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.

6 Offences that are not political offences

An offence mentioned in paragraph (d) of the definition of political offence in section 5 of the Act is not a political offence in relation to a Commonwealth 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;

(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

India

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