Extradition (Japan) Regulations 1988 (Cth)

Extradition (Japan) Regulations 1988 Statutory Rules 1988 No. 305 as amended made under the Extradition Act 1988 This compilation was prepared on 20 September 2012 taking into account amendments up to SLI 2012 No. 210

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

Contents 1 Name of Regulations [see Note 1] 2 Interpretation 3 Declaration of Japan as extradition country 5 Application of Act in relation to Japan 6 Limitations, etc. in relation to application of Act Notes

1 Name of Regulations [see Note 1] These Regulations are the Extradition (Japan) Regulations 1988. 2 Interpretation 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 Japan; the Act means the Extradition Act 1988. 3 Declaration of Japan as extradition country Japan is declared to be an extradition country. 5 Application of Act in relation to Japan The Act applies in relation to Japan subject to the limitations, conditions, exceptions or qualifications specified in regulation 6. 6 Limitations, etc. in relation to application of Act (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) 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.