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Extradition (Federal Republic of Germany) Regulations

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1988 No. 302*1* EXTRADITION (FEDERAL REPUBLIC OF GERMANY) REGULATIONS
*1* Notified in the Commonwealth of Australia Gazette on 30 November 1988. 1988 No. 302 EXTRADITION (FEDERAL REPUBLIC OF GERMANY) REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Extradition (Federal Republic of Germany) Regulations. 1988 No. 302 EXTRADITION (FEDERAL REPUBLIC OF GERMANY) REGULATIONS - REG 2
Interpretation
2. 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 Federal Republic of Germany; "the Act" means the Extradition Act 1988. 1988 No. 302 EXTRADITION (FEDERAL REPUBLIC OF GERMANY) REGULATIONS - REG 3
Declaration of Federal Republic of Germany as extradition country
3. The Federal Republic of Germany is declared to be an extradition country. 1988 No. 302 EXTRADITION (FEDERAL REPUBLIC OF GERMANY) REGULATIONS - REG 4
Application of Act in relation to Federal Republic of Germany
4. The Act applies in relation to the Federal Republic of Germany subject to the limitations, conditions, exceptions or qualifications specified in regulation 5. 1988 No. 302 EXTRADITION (FEDERAL REPUBLIC OF GERMANY) REGULATIONS - REG 5
Limitations, etc. in relation to application of Act
5. (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 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.