Commonwealth legislation

Extradition (Thailand) Regulations

In ForceCTH

Jurisdiction

Commonwealth

Act Number

372 of 1995

Collection

legislative instrument

Plain English Summary

2/10 complexity

These Regulations declare Thailand an extradition country under the Extradition Act 1988 and impose a specific limitation: surrender must be refused if the person would, on extradition, be tried by a court specially established to try them or by a court authorised only occasionally or in exceptional circumstances (regs 3–4). The Attorney‑General makes the final surrender decision and must not order surrender where those conditions apply (note to reg 4; Extradition Act 1988 s22).

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Extradition (Thailand) Regulations

Statutory Rules 1995 No. 3721

__________________

Extradition (Thailand) Regulations

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

Dated 29 November 1995.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

M. LAVARCH

Attorney-General

____________

Citation

These Regulations may be cited as the Extradition (Thailand) Regulations.

Note: [NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

Interpretation

In these Regulations, unless the contrary intention appears:

“Act” means the Extradition Act 1988;

“Thailand” means the Kingdom of Thailand.

Declaration that Thailand is an extradition country

Thailand is declared to be an extradition country.

Application of the Act in relation to Thailand

(1) The Act applies to Thailand subject to the limitation, condition, exception or qualification set out in subregulation (2).

(2) For the purposes of subsection 22 (2) of the Act, the surrender to Thailand of an eligible person must be refused if, on being extradited, he or she would be liable to be tried for the qualifying extradition offence by a court or tribunal of Thailand:

(a) that has been specially established to try the person; or

(b) that is only occasionally, or under exceptional circumstances, authorised to try persons accused of the offence.

Note: [NOTE: Once a person has been found to be eligible for extradition, or has consented to extradition, the Attorney-General must decide whether or not the person is to be surrendered. If the Act applies to an extradition country subject to a condition that extradition must be refused in certain circumstances, the Attorney-General must not surrender a person to that extradition country unless the Attorney-General is satisfied that the circumstances do not exist: see paragraph 22 (3) (e) of the Act. The Act also limits the Attorney-General’s discretion to authorise surrender of the person in other ways: see section 22 of the Act.]

_________________________________________________

NOTE

Note: 1. Notified in the Commonwealth of Australia Gazette on 6 December 1995.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Extradition (Thailand) Regulations

Statutory Rules 1995 No. 3721

__________________

Extradition (Thailand) Regulations

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

Dated 29 November 1995.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

M. LAVARCH

Attorney-General

____________

Citation

These Regulations may be cited as the Extradition (Thailand) Regulations.

Note: [NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

Interpretation

In these Regulations, unless the contrary intention appears:

“Act” means the Extradition Act 1988;

“Thailand” means the Kingdom of Thailand.

Declaration that Thailand is an extradition country

Thailand is declared to be an extradition country.

Application of the Act in relation to Thailand

(1) The Act applies to Thailand subject to the limitation, condition, exception or qualification set out in subregulation (2).

(a) that has been specially established to try the person; or

(b) that is only occasionally, or under exceptional circumstances, authorised to try persons accused of the offence.

Note: [NOTE: Once a person has been found to be eligible for extradition, or has consented to extradition, the Attorney-General must decide whether or not the person is to be surrendered. If the Act applies to an extradition country subject to a condition that extradition must be refused in certain circumstances, the Attorney-General must not surrender a person to that extradition country unless the Attorney-General is satisfied that the circumstances do not exist: see paragraph 22 (3) (e) of the Act. The Act also limits the Attorney-General’s discretion to authorise surrender of the person in other ways: see section 22 of the Act.]