Extradition Act 1988
No. 4, 1988
Compilation No. 16
Compilation date: 28 March 2026
Includes amendments: Act No. 4, 2026
About this compilation
This compilation
This is a compilation of the Extradition Act 1988 that shows the text of the law as amended and in force on 28 March 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short title
2 Commencement
3 Principal objects of Act
4 Exclusion of other laws
5 Interpretation
6 Meaning of extraditable person
7 Meaning of extradition objection
8 Certain places etc. to be part of a country
9 Law of a country
10 Interpretative provisions relating to offences
11 Modification of Act in relation to certain countries
Part II—Extradition from Australia to Extradition Countries
12 Extradition arrest warrants
13 Search and seizure upon arrest
14 Search and seizure warrants
15 Remand
15A Waiver of extradition
15B Attorney‑General must make surrender determination
16 Notice by Attorney‑General
16A Attorney‑General may give an amended notice
17 Release from remand
18 Consent to surrender
19 Determination of eligibility for surrender
19A Consent to accessory extradition—extradition offences not specified in subsection 16(1) notice etc.
20 Consent to accessory extradition—offences that are not extradition offences
21 Review of magistrate’s or Judge’s order
21A Admission of evidence etc. on review or appeal
22 Surrender determination by Attorney‑General
23 Surrender warrants
24 Temporary surrender warrants
25 Surrender warrants after temporary surrender
26 Form and execution of surrender warrants and…
Overview
The Extradition Act 1988 was enacted to address the need for a comprehensive legal framework governing the extradition of individuals to and from Australia. This Act was passed by the Australian Parliament and is designed to facilitate extradition proceedings, ensuring they align with Australia's obligations under international extradition treaties. It seeks to codify the law concerning extradition, streamline the process of requesting extradition from Australia to other countries, and enable Australia to fulfill its commitments under extradition treaties. The Act also aims to establish clear procedures for the extradition of individuals from Australia to specified countries and from other countries to Australia, including specific provisions for extradition to and from New Zealand. By replacing previous laws with a unified statute, the Act ensures consistency and clarity in extradition practices across jurisdictions.
Scope and Application
The Extradition Act 1988 applies to the extradition of persons from and to Australia, specifically governing the processes and conditions under which individuals can be extradited to or from Australia to other countries, particularly those deemed as extradition countries, and New Zealand. The Act codifies the legal framework for extradition, allowing Australia to meet its obligations under international treaties and facilitating the extradition process. The Act applies to individuals who are considered extraditable persons in relation to a country, which includes those accused or convicted of offences under the law of that country, provided they are believed to be outside the country. The Act outlines the procedures for issuing extradition warrants, conducting searches and seizures, and the conditions under which a person may be surrendered. It also details the rights of individuals during extradition proceedings, including the right to legal representation and the ability to challenge the surrender decision. The Act's application can be modified through regulations to align with bilateral or multilateral extradition treaties, and it excludes other laws relating to extradition that were in force before its commencement. The Act is administered by the Attorney-General, who plays a central role in determining whether a person is to be surrendered and in issuing surrender warrants.
Key Provisions
- The Extradition Act 1988 governs the extradition of persons to and from Australia, detailing the procedures for both extradition to and from Australia. The Act outlines the conditions under which a person may be surrendered to another country for trial or punishment, and the process for handling extradition requests from other countries for individuals believed to be in Australia. Key provisions of the Act include the issuance of extradition arrest warrants (section 12), search and seizure procedures (sections 13 and 14), and the remand of individuals pending extradition proceedings (section 15). The Act also addresses the rights of individuals, such as the right to be informed of the reasons for their arrest and the right to legal representation (section 16). The Act imposes obligations on various parties, including the Attorney-General, who must determine whether a person is to be surrendered (section 15B), and on magistrates or eligible Judges, who must conduct proceedings to determine eligibility for surrender (section 19). The Act outlines specific offences and penalties for non-compliance, including the unauthorised release of a person on remand (section 17), which is subject to imprisonment for up to 2 years, or a fine of up to 20 penalty units, or both (section 55). Additionally, the Act provides for the collection, use, and disclosure of personal information for extradition purposes, subject to the Privacy Act 1988 (section 54A).
- Area of Law
- Criminal Law
- International Law
- International Trade Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Delegated & Subordinate Legislation
- Definitions & Interpretation
- Enforcement Powers
- Extraterritorial Application
- Offence Provisions
- Prohibited Conduct
- Review & Sunset Clauses