Extradition Regulations 1988

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

For paragraph (b) of the definition of political offence in section 5 of the Act, an offence is an extraditable offence, in relation to all countries, if the offence is constituted by conduct of a kind referred to in any of the following:

Article 1 of the Convention for the Suppression of Unlawful Seizure of Aircraft, a copy of the English text of which is set out in Schedule 1 to the Crimes (Aviation) Act 1991;

Article 1 of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, a copy of the English text of which is set out in Schedule 2 to the Crimes (Aviation) Act 1991;

paragraph 1 of Article 2 of the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, a copy of the English text of which is set out in the Schedule to the Crimes (Internationally Protected Persons) Act 1976;

Article 1 of the International Convention against the Taking of Hostages, done at New York on 17 December 1979;

Article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on 10 December 1984;

Article 3 of the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, a copy of the English text of which is set out in Schedule 1 to the Crimes (Ships and Fixed Platforms) Act 1992;

Article 2 of the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, a copy of the English text of which is set out in Schedule 2 to the Crimes (Ships and Fixed Platforms) Act 1992;

Article 7 of the Physical Protection Convention.

For paragraph (c) of the definition of political offence in section 5 of the Act, an offence is not a political offence, in relation to all countries, if:

the offence is constituted by conduct of a kind referred to in any of the following:

Article 2 of the International Convention for the Suppression of the Financing of Terrorism, done at New York on 9 December 1999;

Article III of the Convention on the Prevention and Punishment of the Crime of Genocide, a copy of the English text of which is set out in the Schedule to the Genocide Convention Act 1949;

Article 2 of the International Convention for the Suppression of Terrorist Bombings, done at New York on 15 December 1997;

Article 3 of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, done at Vienna on 20 December 1988;

Article 2 of the International Convention for the Suppression of Acts of Nuclear Terrorism, done at New York on 13 April 2005; or

the offence is established in accordance with the United Nations Convention against Corruption, done at New York on 31 October 2003.

For paragraph (c) of the definition of political offence in section 5 of the Act, an offence is not a political offence, in relation to the countries mentioned in subregulation (4), if:

the offence is constituted by taking or endangering, attempting to take or endanger, or participating in the taking or endangering of, the life of a person; and

the offence is committed in circumstances in which the conduct mentioned in paragraph (a) creates a collective danger, whether direct or indirect, to the lives of other persons.

For subregulation (3), the countries are as follows:

each Commonwealth country within the meaning of the Extradition (Commonwealth countries) Regulations 2010;

Canada;

Cook Islands;

Denmark;

Iceland;

Japan;

Kiribati;

Nauru;

Papua New Guinea;

Republic of Estonia;

Republic of the Marshall Islands;

Samoa;

Solomon Islands;

Tonga;

Tuvalu;

United Kingdom;

Vanuatu.

For paragraph (c) of the definition of political offence in section 5 of the Act, an offence is not a political offence, in relation to the Republic of Estonia, if the offence is constituted by:

the murder, kidnapping, or other attack on the person or liberty of:

the head of state of the Republic of Estonia; or

the head of government of the Republic of Estonia; or

a family member of the head of state, or head of government, of the Republic of Estonia; or

a threat, or attempt, to commit a murder, kidnapping, or other attack on the person or liberty of a person mentioned in paragraph (a); or

participation as an accomplice in a murder, kidnapping, or other attack on the person or liberty of a person mentioned in paragraph (a).

A form in the Schedule shall be taken to be the statutory form under, or a form otherwise prescribed for the purposes of, a provision of the Act specified in the heading to that form, whether or not these Regulations make provision (other than in the Schedule) in respect of the use of the form.

In these Regulations, a reference to a form by number is a reference to the form in the Schedule that bears that number.

A magistrate or an eligible Judge who is performing functions under the Act may issue a summons in accordance with Form 1 requiring a person named in the summons to attend as a witness before the magistrate in connection with the performance by the magistrate or Judge of those functions and there to give evidence, answer questions and produce to the magistrate or Judge such documents and other articles in the person’s custody or control as are referred to in the summons.

Service on a person of a summons under this regulation may be effected in any State or Territory and shall be effected by delivering a copy of the summons to the person personally and, at the same time, showing the summons to the person.

If a person summoned under regulation 4 to attend before a magistrate or an eligible Judge fails to attend as required by regulation 5, the magistrate or Judge may, on being satisfied that the summons has been duly served and that a reasonable sum for the expenses of attendance has been paid or tendered to that person, issue a warrant for the arrest of that person in accordance with Form 2.

A person named in the warrant may, under the warrant, be arrested, brought before a magistrate or an eligible Judge and detained in custody until released by order of the magistrate or Judge.

The warrant may be executed in any State or Territory.

The arrest of a person under this regulation does not relieve the person from any liability incurred by the person because of his or her failure to attend before the magistrate or eligible Judge.

A person who attends as a witness before a magistrate or an eligible Judge in a State or Territory in accordance with a summons under regulation 4 is entitled to be paid witness fees and travelling allowances as if attending before a court of summary jurisdiction in that State or Territory or, in special circumstances, such fees and allowances as the magistrate or Judge directs.

Fees and allowances are payable to a witness in accordance with subregulation (1) subject to the deduction of any amount previously paid to the witness for expenses of attendance.

Fees and allowances are payable by the person at whose request the witness was summoned.

A magistrate or an eligible Judge performing functions under the Act may administer an oath or affirmation to any person appearing as a witness before the magistrate or Judge and may examine the witness on oath or affirmation.

A person may, for the purposes of any proceeding in relation to the Act, make an affirmation instead of taking an oath.

Subject to any rules of court applicable to a proceeding in relation to the Act, the forms of oaths and affirmations shall be the same, as nearly as practicable, as those used in the Supreme Court of the State or Territory in which the oath or affirmation is administered.

An affirmation made by a person pursuant to this regulation has the same effect for all purposes as if the person had taken an oath.

A person who is summoned to attend before a magistrate or an eligible Judge as a witness shall not:

without reasonable excuse, fail to attend as required by the summons, after payment or tender of a reasonable sum for expenses of attendance;

refuse to be sworn or to make an affirmation as a witness or, without reasonable excuse, to answer any question when required to do so by the magistrate or Judge; or

without reasonable excuse, refuse or fail to produce any document or other article that the person was required to produce by the summons.

An offence against paragraph (1)(a) is an offence of strict liability.

For strict liability, see section 6.1 of the Criminal Code.

intentionally insult or disturb the magistrate or Judge;

interrupt the proceedings before the magistrate or Judge;

use insulting language to the magistrate or Judge; or

by writing or speech use words calculated:

to influence improperly the magistrate or Judge or a witness before the magistrate or Judge; or

to bring the magistrate or Judge into disrepute.