5Limitations etc. in relation to application of Act

5 Limitations etc. in relation to application of Act

(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.