Commonwealth Numbered Regulations

EXTRADITION (COMMONWEALTH COUNTRIES) AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 178 - SCHEDULE 1

(regulation 3)

[1] Regulation 1

substitute

These Regulations are the Extradition (Commonwealth Countries) Regulations 1998 .

[2] Regulation 6, heading

substitute

[3] Subregulations 6 (1) and (2)

substitute

(1)

The Act applies in relation to each Commonwealth country specified in Part 1 of the Schedule subject to the limitation, condition, exception or qualification that, in addition to the supporting documents within the meaning of paragraph 19 (2) (a) of the Act, the following documents are required to be produced to a magistrate for the purposes of subsection 19 (1) of the Act:

(a)

a statement of the identity, nationality and description of the person and, to the extent that is possible, of the whereabouts of the person;

(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), a reference to the prima facie evidence test being satisfied is a reference to that test being satisfied as referred to in paragraph 11 (5) (b) of the Act.

[4] Paragraphs 6 (4) (a), (b), (c) and (d)

substitute

(a)

a statement of the identity, nationality and description of the person and, to the extent that is possible, of the whereabouts of the person;

(b)

if the offence is an extradition offence of which the person is accused:

(i)

a recital of the evidence acquired to support the application for the surrender of the person to the Commonwealth country in relation to the offence;

(ii)

an affidavit of an officer of an investigating authority of the Commonwealth country stating that:

(A) the recital of evidence mentioned in subparagraph (b) (i) was prepared by or under the direction of that officer; and
(B) the evidence mentioned in the recital in relation to the offence is available to be produced at the trial of that person;

(iii)

a certificate of the Attorney-General of the Commonwealth country that, in the Attorney-General's opinion, the recital mentioned in subparagraph (b)

(i)

discloses the existence of evidence under the law of that country that justifies prosecution of the person for the offence.