EXTRADITION.
No. 12 of 1903.
An Act relating to Extradition.
[Assented to 21st October, 1903.]
Preamble.
Extradition Act 1870 sec. 17.
WHEREAS by the Imperial Act known as the Extradition Act 1870, it is enacted that that Act when applied by Order in Council shall, unless it is otherwise provided by such Order, extend to every British possession, but with the following among other modifications, namely :—No warrant of a Secretary of State shall be required, and all powers vested in or acts authorized or required to be done under that Act by the Police Magistrate and the Secretary of State, or either of them, in relation to the surrender of a fugitive criminal, may be done by the Governor of the British possession alone :
Extradition Act 1870 sec. 18.
And whereas by that Imperial Act it is also enacted that if, by any law made by the Legislature of any British possession, provision is made for carrying into effect within that possession the surrender of fugitive criminals who are in or suspected of being in that possession, the King may by Order in Council direct that such law, or any part thereof, shall have effect in that possession, with or without modifications and alterations, as if it were part' of that Imperial Act:
Extradition Acts 1873 and 1895.
And whereas by other Imperial Acts known as the Extradition Act 1873 and the Extradition Act 1895, it is enacted that those Acts shall be construed as one with the Extradition Act 1870, and that the three Acts may be cited together as the Extradition Acts 1870 to 1895 :
Be it therefore enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows :—
Short title.
1. This Act may be cited as the Extradition Act 1903.
Commencement.
2. This Act shall commence on the day on which the Governor-General makes known by Proclamation that the King has by Order in Council directed that this Act, or any part thereof, shall have effect in the Commonwealth as if it were part of the Extradition Act 1870.
Terms defined in Imperial Extradition Acts.
3. In this Act, unless the contrary intention appears, terms defined in the Extradition Acts 1870 to 1895 have the same meaning as in those Acts.*
Extradition from the Commonwealth.
Powers of the Governor-General in relation to extradition.
4. All powers vested in and acts authorized or required to be done by a Secretary of State, under the Extradition Acts 1870 to 1895, in relation to the surrender of a fugitive criminal, are hereby vested in, and may in the Commonwealth be exercised and done by, the Governor-General, and may in any part of the Commonwealth be exercised and done by any deputy of the Governor-General thereto authorized.
Powers of magistrates in relation to extradition.
See Vic. No. 588;
Qu. 41 Vic. No. 2;
S.A. 1877 No. 59;
W.A. 41 Vic. No. 1;
Tas. 41 Vic.
Overview
The Extradition Act 1903 was enacted to establish a framework for the extradition of fugitive criminals from Australia to and from other countries, including other British possessions. This Act was created in response to the need to formalise and streamline the extradition process as the Commonwealth of Australia was establishing its own legal identity distinct from British law. The Extradition Act 1903 serves to vest powers previously held by the Secretary of State under the Extradition Acts 1870 to 1895 with the Governor-General and appropriate magistrates within Australia. This shift was intended to facilitate the surrender of fugitive criminals while ensuring that the process complied with the relevant extradition laws. The policy objective of the Act is to ensure effective cooperation with other jurisdictions in the apprehension and trial of individuals who have committed crimes within the jurisdiction of Australia or who are sought for crimes committed abroad. The Act was enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, reflecting the collaborative legislative process of the time.
Scope and Application
The Extradition Act 1903 applies to the surrender of fugitive criminals who are in or suspected of being in the Commonwealth of Australia or any foreign State. It establishes the legal framework for the extradition process, including the powers of the Governor-General and Magistrates in relation to extradition from the Commonwealth, and the procedures for making requisitions for the surrender of fugitive criminals from foreign States. The Act applies to crimes defined as "extradition crimes," which include offenses such as murder, counterfeiting, embezzlement, fraud, and others listed in the First Schedule. The Act's jurisdiction extends to the entire Commonwealth of Australia, and it may be applied in other British possessions with modifications by Order in Council. The Act's scope is largely defined by the Extradition Acts 1870 to 1895, with certain powers and responsibilities transferred from the Secretary of State to the Governor-General and Magistrates within the Commonwealth. The Act does not explicitly provide for exclusions, exemptions, or thresholds, but it is subject to the broader legal framework established by the Imperial Extradition Acts and any subsequent modifications or arrangements made by Orders in Council or international agreements.
Key Provisions
- The Extradition Act 1903 primarily concerns the legal framework for the extradition of individuals from the Commonwealth of Australia to other jurisdictions, and from foreign states to the Commonwealth. Under Section 4, the Act vests all powers and responsibilities of the Secretary of State under the Extradition Acts 1870 to 1895 in the Governor-General of the Commonwealth. This includes the authority to exercise and perform acts related to the surrender of fugitive criminals. Section 5 extends similar powers to stipendiary, police, special magistrates of the Commonwealth or a State, or any State magistrate specially authorised by the Governor-General.
- The Act imposes specific obligations on the parties involved in the extradition process. The Governor-General, or any authorised magistrate, must ensure that all procedures related to the surrender of fugitive criminals adhere to the terms set out in the Extradition Acts 1870 to 1895. The Attorney-General is tasked with making requisitions for the surrender of individuals accused or convicted of extradition crimes, as outlined in Section 6. These requisitions must be directed to the appropriate consular officer or minister of the foreign state, or through diplomatic channels. Furthermore, under Section 7, any person surrendered by a foreign state may be brought into the Commonwealth and handed over to the relevant authorities for legal proceedings.
- Breaches of the Act or non-compliance with its provisions can lead to significant legal consequences. While the Act does not explicitly detail specific offences or penalties, violations of the extradition process could result in legal challenges or disputes regarding the validity of extradition proceedings. Additionally, any failure to comply with the Act's stipulations could potentially lead to civil or criminal penalties under the broader legal framework governing extradition in Australia. The maximum penalties for related offences are not explicitly stated within the Act itself but would be determined by the applicable laws of the jurisdiction involved.
- Area of Law
- International Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Enforcement Powers
- Extradition