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Citation
1 Citation
These Regulations may be cited as the Extradition (Republic of Fiji) Regulations.
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Commonwealth legislation
These Regulations declare the Republic of Fiji an extradition country and apply the Extradition Act 1988 to requests from Fiji, subject to limits. They bar surrender where a person would face trial before specially created or exceptionally authorised tribunals (reg 5(2)), give the Attorney‑General discretion to refuse surrender, including for Australian citizens or on humanitarian grounds (reg 5(4)), and require magistrates be given documents meeting the Act’s "sufficient evidence" test (reg 5(5)–(6)).
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Direct links to the current provisions in Extradition (Republic of Fiji) Regulations.
These Regulations may be cited as the Extradition (Republic of Fiji) Regulations.
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.
The Republic of Fiji is declared to be an extradition country.
The Act applies in relation to the Republic of Fiji subject to the limitations, conditions, exceptions or qualifications specified in regulation 5.
(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 subregulation (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. (5) The documents required to be produced to a magistrate for the purposes of subsection 19(1) of the Act in relation to an extradition offence for which surrender of a person is sought by the requesting country are, in addition to the supporting documents within the meaning of paragraph 19(2)(a) of the Act, documents that allow the sufficient evidence test to be satisfied. (6) In subregulation (5), a reference to the sufficient evidence test being satisfied is a reference to that test being satisfied as referred to in paragraph 11(5)(a) of the Act.
The amendments of regulation 5 made by Schedule 1 to the Extradition Legislation Amendment (Denmark, Iceland, Japan and the Republic of Fiji) Regulations 2026 apply in relation to extradition requests received by Australia on or after the commencement of that Schedule.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Regulations may be cited as the Extradition (Republic of Fiji) Regulations.
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.
The Republic of Fiji is declared to be an extradition country.
The Act applies in relation to the Republic of Fiji subject to the limitations, conditions, exceptions or qualifications specified in regulation 5.
(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 subregulation (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. (5) The documents required to be produced to a magistrate for the purposes of subsection 19(1) of the Act in relation to an extradition offence for which surrender of a person is sought by the requesting country are, in addition to the supporting documents within the meaning of paragraph 19(2)(a) of the Act, documents that allow the sufficient evidence test to be satisfied. (6) In subregulation (5), a reference to the sufficient evidence test being satisfied is a reference to that test being satisfied as referred to in paragraph 11(5)(a) of the Act.
The amendments of regulation 5 made by Schedule 1 to the Extradition Legislation Amendment (Denmark, Iceland, Japan and the Republic of Fiji) Regulations 2026 apply in relation to extradition requests received by Australia on or after the commencement of that Schedule.