Commonwealth Numbered Regulations
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1991 No. 96 EXTRADITION (REPUBLIC OF FIJI) REGULATIONS - REG 5
Limitations etc. in relation to application of Act
5. (1) A person is not liable to be surrendered to the requesting country
under a surrender warrant or temporary surrender warrant under Part II of the
Act for an offence to which an extradition request by that country relates if:
(a) had the relevant act or omission been alleged to have been committed
by the person in, or within the jurisdiction of, the part of Australia
where the person was found, the period within which proceedings could,
in accordance with the law in force in that part of Australia, have
been commenced against the person in respect of the offence
constituted under that law by the act or omission would, at the time
when the extradition request was made, have expired; or
(b) the relevant act or omission is, under the law in force in any part of
Australia, regarded as constituting an offence committed by the
person, either in whole or in part, in, or within the jurisdiction of,
Australia or that part of Australia.
(2) The Attorney-General shall not issue a surrender warrant or temporary
surrender warrant under Part II of the Act in relation to a person if the
person, on being extradited to the requesting country, would be liable to be
tried in that country by a court or tribunal:
(a) that has been specially established for the purpose of trying the
person's case; or
(b) that is only occasionally, or under exceptional circumstances,
authorised to try persons accused of the offence to which the
extradition request relates.
(3) The conditions specified under subregulations (1) and (2) in relation to
the issue of a surrender warrant or temporary surrender warrant apply in
addition to any condition to which, under the Act, the issue of the relevant
warrant is subject.
(4) The Attorney-General may decline to issue a surrender warrant or temporary
surrender warrant under Part II of the Act in relation to a person if:
(a) the person is an Australian citizen; or
(b) the Attorney-General, while taking into account the nature of the
offence to which the extradition request relates and the interests of
the requesting country, is nevertheless of the opinion that, in the
circumstances of the case, it would be unjust, oppressive or
incompatible with humanitarian considerations to surrender the person
to that country.
(5) The documents required to be produced to a magistrate for the purposes of
subsection 19 (1) of the Act in relation to an extradition offence for which
surrender of a person is sought by the requesting country are, in addition to
the supporting documents within the meaning of paragraph 19 (2) (a) of the
Act, documents that allow the sufficient evidence test to be satisfied.
(6) In subregulation (5), a reference to the sufficient evidence test being
satisfied is a reference to that test being satisfied as referred to in
paragraph 11 (5) (a) of the Act.
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