Commonwealth Numbered Regulations

1985 No. 14 EXTRADITION (REPUBLIC OF SOUTH AFRICA) REGULATIONS - REG 4

4. (1) A person is not liable to be surrendered to the Republic of South
Africa in respect of an offence unless-

   (a)  the offence, not being an offence punishable by death, is punishable
        by imprisonment for at least one year; or

   (b)  in a case where the offence is punishable by death, assurances
        satisfactory to Australia are given by the Republic of South Africa
        that the penalty of death will not be imposed or, if the law of the
        Republic of South Africa provides that no penalty other than the
        penalty of death shall be imposed, that that penalty will not be
        carried out and will be commuted into a penalty depriving the person
        of liberty, and unless an undertaking is given to Australia by the
        Republic of South Africa that the person will not be surrendered to
        another state by the Republic of South Africa without the permission
        of Australia.

(2) A person is not liable to be surrendered to the Republic of South Africa
if-

   (a)  the offence to which the requisition for the surrender of the person
        relates is, or is by reason of the circumstances in which it is
        alleged to have been committed or was committed, an offence of a
        political character; or

   (b)  there are substantial grounds for believing that-

        (i)    the requisition for the surrender of the person, although
               purporting to have been made in respect of an offence for
               which, but for this paragraph, the person would be liable to be
               surrendered to the Republic of South Africa, was made for the
               purpose of prosecuting or punishing the person on account of
               his or her race, religion, nationality or political opinions;
               or

        (ii)   if the person is surrendered to that state, the person may be
               prejudiced at his or her trial, or punished, detained or
               restricted in his or her personal liberty, by reason of his or
               her race, religion, nationality or political opinions.

(3) Australia may refuse to surrender to the Republic of South Africa a person
who is an Australian citizen.