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Statutory Rules 1991 No. 961

Extradition (Republic of Fiji) Regulations

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Extradition Act 1988.

Dated 16 May 1991.

W.B. CAMPBELL
Administrator
By His Excellency's Command,

MICHAEL DUFFY
Attorney-General

Citation
1. These Regulations may be cited as the Extradition (Republic of Fiji) Regulations.

Interpretation
2. In these Regulations, unless the contrary intention appears:
"relevant act or omission" means an act or omission by a person in relation to an offence to which an extradition request for the surrender of the person relates, being an act or omission:
      (a) that is, in or in connection with the request, alleged to have taken place; or
      (b) of which evidence is produced in connection with the request;
"requesting country" means the Republic of Fiji;
"the Act" means the Extradition Act 1988.

Declaration of the Republic of Fiji as extradition country
3. The Republic of Fiji is declared to be an extradition country.

26067 (S.R. 310/88)—Cat. No. 14/7.5.1991

Application of Act in relation to the Republic of Fiji
4. The Act applies in relation to the Republic of Fiji subject to the limitations, conditions, exceptions or qualifications specified in regulation 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)