Commonwealth Numbered Regulations

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1988 No. 302 EXTRADITION (FEDERAL REPUBLIC OF GERMANY) 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
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. 


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