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Extradition (Kingdom of Cambodia) Regulations 2003

Statutory Rules 2003 No. 34 as amended

made under the

Extradition Act 1988

This compilation was prepared on 26 February 2004
taking into account amendments up to SR 2004 No. 14

Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

Contents

 1 Name of Regulations [see Note 1]
 2 Commencement [see Note 1]
 3 Definitions
 4 Declaration that Cambodia is an extradition country
 5 Application of Act in relation to Cambodia (Act s 11 (1) (b))
 6 Extradition offence for request by Cambodia
 7 Required documents
 8 Release from remand

Notes

1 Name of Regulations [see Note 1]

  These Regulations are the Extradition (Kingdom of Cambodia) Regulations 2003.

2 Commencement [see Note 1]

  These Regulations commence on gazettal.

3 Definitions

  In these Regulations:
Act means the Extradition Act 1988.
Cambodia means the Kingdom of Cambodia.
child means a person under the age of 18 years.
child sex offence means an offence, or the attempt to commit an offence, that includes:
 (a) the indecent assault of a child; or
 (b) the sexual assault of a child; or
 (c) procuring or trafficking of a child for indecent purposes; or
 (d) being knowingly concerned with the prostitution of a child; or
 (e) living on the earnings of the prostitution of a child.

4 Declaration that Cambodia is an extradition country

  Cambodia is declared to be an extradition country.

5 Application of Act in relation to Cambodia (Act s 11 (1) (b))

  For paragraph 11 (1) (b) of the Act, the Act applies to Cambodia subject to these Regulations.

6 Extradition offence for request by Cambodia

  An extradition offence in relation to Cambodia must also be a child sex offence.

7 Required documents

 (1) For paragraph 11 (1) (b) of the Act, a judicial document, or other document attaching a judgment or copy of a judgment, authorising the apprehension of the person and issued in the extradition country, is taken to be a warrant mentioned in paragraph 19 (3) (a) of the Act in relation to a person deemed to be accused under subsection 10 (1) of the Act.

 (2) For paragraph 19 (2) (b) of the Act, in relation to a person deemed to be accused under subsection 10 (1) of the Act, documents must be produced to the magistrate that contain evidence that:
 (a) it was reasonable for the person to know about the criminal proceedings brought against the person for the extradition offence, and the person chose not to attend the proceedings; or
 (b) the person has a right in the extradition country to appeal against, or apply to have set aside, the conviction.

8 Release from remand

  For subsection 11 (2) of the