Extradition (Commonwealth Countries) Act 1966 (Cth)
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 [Note: This Act is "repealed" by Act No. 5 of 1988]
(#DATE 30:09:1986)
(#DATE 30:09:1986)
- Reprinted as at 30 September 1986
Table of Acts
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Application,
saving or
Number Date Date of transitional
Act and year of Assent commencement provisions
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Extradition (Commonwealth 75, 1966 29 Oct 1966 1 May 1967 (see
Countries) Act 1966 Gazette 1967,
p. 2165)
Extradition (Commonwealth 111, 1968 2 Dec 1968 Ss.1-17 and 20 -
Countries) Act 1968 Royal Assent
S.18: 1 Sept
1969 (see
Gazette 1969,
p. 5198A)
S. 19: (a)
as
amended
by
172, 1973 12 Dec 1973 12 Dec 1973 -
Extradition (Commonwealth 102, 1972 27 Oct 1972 27 Oct 1972 -
Countries) Act 1972
Extradition (Commonwealth 172, 1973 12 Dec 1973 12 Dec 1973 -
Countries) Act 1973
Statute Law Revision Act 216, 1973 19 Dec 1973 31 Dec 1973 Ss.9(1) and
1973 10
as
amended
by
20, 1974 25 July 1974 31 Dec 1973 -
Extradition (Commonwealth 9, 1977 28 Feb 1977 28 Feb 1977 -
Countries) Amendment
Act 1976
Australian Federal Police 155, 1979 28 Nov 1979 19 Oct 1979 -
(Consequential (see s. 2
Amendments) Act 1979 and Gazette
1979, No. S206,
p. 1)
Australian Federal Police 70, 1980 28 May 1980 28 May 1980 -
(Consequential
Amendments) Act 1980
Transfer of Prisoners 96, 1983 22 Nov 1983 Ss. 1,2 and 6: S. 9(2)
(Consequential Royal Assent
Amendments) Act 1983 Ss. 3-5 and 8:
1 Aug 1984 (see
s.2 and Gazette
1984, No. S292,
p. 1)
Ss. 7 and 9: 12
June 1985 (see
Gazette 1985,
No. S199, p.1)
Extradition (Commonwealth 17, 1985 7 May 1985 16 Oct 1985 S.30
Countries) Amendment (see Gazette
Act 1985 1985, No. S423,
p. 1)
Statute Law (Miscellaneous 193, 1985 16 Dec 1985 S. 3: Royal S. 16
Provisions) Act (No.2) Assent (b)
1985
Statute Law (Miscellaneous 76, 1986 24 June 1986 S. 3: Royal S. 9
Provisions) Act (No. 1) Assent (c)
1986
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(a) Section 19 of the Extradition (Commonwealth Countries) Act 1968 provided for the amendment of the First Schedule of the Extradition (Commonwealth Countries) Act 1966. Section 19 was repealed by the Extradition (Commonwealth Countries) Act 1973 before a date was fixed for its commencement.
(b) The Extradition (Commonwealth Countries) Act 1966 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1985, sub-section 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent."
(c) The Extradition (Commonwealth Countries) Act 1966 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986, sub-section 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent."
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
--------------------------------------------------------------------------------
Provision affected How affected
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S.3 . . . . . . . . . . . . . am. No. 111, 1968; No. 172, 1973
rep. No. 216, 1973 (as am. by No. 20, 1974)
S.4 . . . . . . . . . . . . . am. No. 111, 1968; No. 102, 1972; No. 172, 1973;
No. 216, 1973 (as am. by No. 20, 1974); No. 9,
1977; Nos. 17 and 193, 1985
S.5 . . . . . . . . . . . . . am. No. 111, 1968
rs. No. 172, 1973
am. No. 216, 1973 (as am. by No. 20, 1974)
S.7 . . . . . . . . . . . . . rep. No. 172, 1973
S.8 . . . . . . . . . . . . . am. No. 17, 1985
S.10 . . . . . . . . . . . . am. No. 172, 1973; Nos. 17 and 193, 1985
S.11 . . . . . . . . . . . . am. No. 111, 1968; No. 172, 1973; Nos. 17 and 193,
1985
S.12 . . . . . . . . . . . . am. No. 172, 1973
rs. No. 17, 1985
S.13 . . . . . . . . . . . . am. No. 17, 1985
S.14 . . . . . . . . . . . . am. No. 172, 1973; No. 17, 1985
Ss.14A, 14B . . . . . . . . . ad. No. 17, 1985
S.15 . . . . . . . . . . . . am. No. 111, 1968; No. 172, 1973; Nos. 17 and 193,
1985
S.16 . . . . . . . . . . . . rs. No. 17, 1985
am. No. 193, 1985
S.16A . . . . . . . . . . . . ad. No. 17, 1985
am. No. 193, 1985
S.17 . . . . . . . . . . . . am. No. 172, 1973; No. 17, 1985
rs. No. 193, 1985
S.17A . . . . . . . . . . . . ad. No. 193, 1985
S.18 . . . . . . . . . . . . am. No. 111, 1968; Nos. 17 and 193, 1985
S.19 . . . . . . . . . . . . am. No. 172, 1973; No. 17, 1985
S.22 . . . . . . . . . . . . am. No. 111, 1968; No. 172, 1973; No. 17, 1985
Heading to Part III . . . . . rs. No. 111, 1968
S.23 . . . . . . . . . . . . rep. No. 111, 1968
S.24 . . . . . . . . . . . . am. No. 111, 1968; No. 172, 1973; No. 155, 1979;
No. 70, 1980; No. 17, 1985
S.25 . . . . . . . . . . . . am. No. 172, 1973; No. 17, 1985
Ss.25A, 25B . . . . . . . . . ad. No. 17, 1985
S.26 . . . . . . . . . . . . am. No. 111, 1968; No. 172, 1973; No. 17, 1985;
No. 76, 1986
S.27 . . . . . . . . . . . . am. No. 111, 1968
rs. No. 17, 1985
S.28 . . . . . . . . . . . . am. No. 111, 1968; No. 172, 1973; No. 17, 1985
S.29 . . . . . . . . . . . . am. No. 111, 1968; No. 17, 1985
S.30 . . . . . . . . . . . . am. No. 111, 1968
S.32 . . . . . . . . . . . . am. No. 172, 1973
rs. No. 17, 1985
am. No. 193, 1985
S.32A . . . . . . . . . . . . ad. No. 17, 1985
S.33 . . . . . . . . . . . . am. No. 172, 1973; No. 17, 1985
Ss.33AA, 33AB . . . . . . . . ad. No. 172, 1973
am. No. 17, 1985
S.33A . . . . . . . . . . . . ad. No. 111, 1968
rs. No. 172, 1973; No. 17, 1985
S.35 . . . . . . . . . . . . am. No. 172, 1973; No. 96, 1983; No. 17, 1985
S.35A . . . . . . . . . . . . ad. No. 172, 1973
S.36 . . . . . . . . . . . . am. No. 172, 1973
rep. No. 17, 1985
S.37 . . . . . . . . . . . . am. No. 17, 1985
Heading to The Schedules . . rep. No. 172, 1973
First Schedule . . . . . . . am. No. 102, 1972
rep. No. 172, 1973
Heading to Schedule 1 . . . . rep. No. 17, 1985
Heading to Schedule . . . . . ad. No. 17, 1985
Schedule 1 . . . . . . . . . ad. No. 172, 1973
am. No. 9, 1977
Schedule . . . . . . . . . . am. No. 17, 1985
Heading to Second Schedule rep. No. 172, 1973
Heading to Schedule 2 . . . . ad. No. 172, 1973
Second Schedule . . . . . . . am. No. 111, 1968; No. 172, 1973
Schedule 2 . . . . . . . . . am. No. 155, 1979; No. 70, 1980
rep. No. 17, 1985
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
PART I - PRELIMINARY
1. Short title
2. Commencement
4. Interpretation
5. Extension of Act to external Territories
6. Exclusion of Fugitive Offenders Act, 1881
PART II - EXTRADITION TO AND FROM DECLARED COMMONWEALTH
COUNTRIES
Division 1 - Application of Part
8. Application of Part in relation to Commonwealth countries
Division 2 - Extradition to Declared Commonwealth Countries
9. Liability of fugitive to be surrendered
10. Restrictions on surrender of persons to Commonwealth countries
11. Restrictions on power of Attorney-General to authorize the
apprehension, or order the surrender, of a fugitive
12. Notice by Attorney-General
13. Priority of requisitions
14. Issue of warrants
14A. Searches after apprehension
14B. Search warrants
15. Proceedings after apprehension of person
16. Power of Magistrate or court to release, or postpone the surrender of,
a person
16A. Review of Magistrate's decision
17. Application by fugitive for review of Magistrate's decision
17A. Surrender of fugitive
18. Discharge of fugitive who is not conveyed out of Australia within 2
months
Division 3 - Extradition from Declared Commonwealth Countries
19. Interpretation
20. Requisition to Commonwealth country for surrender of person to be
made by Attorney-General
21. Person surrendered may be brought into Australia
22. Person surrendered by Commonwealth country in respect of an offence
not to be prosecuted or detained for other offences
PART III - EXTRADITION TO AND FROM NEW ZEALAND
24. Indorsement of warrants
25. Issue of warrants
25A. Searches after apprehension
25B. Search warrants
26. Proceedings after apprehension of person
27. Restriction on power of Magistrate to order surrender of person
28. Review of order of Magistrate
29. Discharge of person who is not conveyed out of Australia within one
month
30. Persons surrendered from New Zealand
PART IV - MISCELLANEOUS
31. Arrangements between Governor-General and Governors of States
32. Jurisdiction of Courts
32A. Evidence of certain matters
33. Overseas documents may be admitted in evidence if duly authenticated
33AA. Transit
33AB. Taking of evidence in respect of criminal proceedings in Commonwealth
countries
33A. Taking of evidence for purposes of extradition
34. Conditions of imprisonment
35. Application of Removal of Prisoners (Territories) Act
35A. Application of Removal of Prisoners (Australian Capital Territory) Act
37. Regulations
SCHEDULE
Offences
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - LONG TITLE SECT
An Act relating to the Extradition of Criminals to and from Commonwealth
Countries
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - PART I
PART I - PRELIMINARY
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 1
Short titleSECT
1. This Act may be cited as the Extradition (Commonwealth Countries) Act 1966.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 2
CommencementSECT
2. This Act shall come into operation on a date to be fixed by Proclamation.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 4
InterpretationSECT
4. (1) In this Act, unless the contrary intention appears -
"Australia", when used in a geographical sense, includes all the Territories;
"declared Commonwealth country" means a country declared by regulations under sub-section 8(1) or by notice under sub-section 8(3) to be a Commonwealth country in relation to which Part II applies;
"extradition treaty" means a treaty relating to the surrender of fugitives;
"Federal Court" means the Federal Court of Australia;
"fugitive" means a person accused of an extradition crime that is alleged to have been committed, or convicted of an extradition crime that was committed, at a place in a declared Commonwealth country or within the jurisdiction of, or of a part of, such a country;
"Magistrate" means -
(a) a person who holds office as a Magistrate, or as a Chief,
Stipendiary, Police, Resident or Special Magistrate, of a Territory; or
(b) a person who holds office as a Magistrate, or as a Chief,
Stipendiary, Police, Resident or Special Magistrate, of a State and in respect of whom an arrangement in force under sub-section 31(1) is applicable;
"overseas warrant" means a judicial or other document issued under the law of, or of a part of, a declared Commonwealth country and authorizing the apprehension of a person, and includes a warrant referred to in section 24;
"prison" includes a gaol, lock-up or other place of detention."treaty" includes a convention, agreement or arrangement.
(1A) An offence against the law of, or of a part of, a declared Commonwealth country (including an offence against such a law relating to taxation, customs duties, foreign exchange control or any other revenue matter) for which a requisition for the surrender of a person has been made to the Attorney-General is an extradition crime for the purposes of this Act if, but only if -
(a) the maximum penalty for the offence is death or imprisonment for not less than 12 months; and
(b) had a relevant act or omission by the person taken place, at the time when the requisition was made, in, or within the jurisdiction of, the part of Australia where the person was found, that act or omission would have constituted an offence against the law in force in that part of Australia, being an offence which -
(i) is described in the Schedule; or
(ii) would be so described if the description concerned contained
a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence,
and the maximum penalty for which is death or imprisonment for not less than 12 months.(1B) The reference in paragraph (1A)(b) to a relevant act or omission by a person is a reference to -
(a) an act or omission by the person -
(i) which is, in or in connection with the relevant requisition,
alleged to have taken place; or
(ii) of which evidence is produced in connection with the relevant
requisition; or
(b) any act or omission that is equivalent to an act or omission referred to in paragraph (a).(2) A reference in this Act to a fugitive from a declared Commonwealth country shall be read as a reference to a fugitive accused of an extradition crime that is alleged to have been committed, or convicted of an extradition crime that was committed, at a place in that country or within the jurisdiction of, or of a part of, that country.
(3) Where a person has been convicted in the absence of the person of an offence against the law of, or of a part of, a country other than Australia, whether or not the conviction is a final conviction, then, for the purposes of this Act, the person shall be deemed not to have been convicted of that offence but shall be deemed to be accused of that offence.
(3A) For the purposes of this Act, an offence against the law of a country other than Australia may be regarded as being an offence of a political character notwithstanding that there are not competing political parties in that country.
(4) On and after the day on which the Convention for the Suppression of Unlawful Seizure of Aircraft (being the Convention referred to in the Crimes (Hijacking of Aircraft) Act 1972) enters into force for Australia, an offence against a law of, or of a part of, a declared Commonwealth country that is bound by that Convention, being an offence constituted by an act, including an act taking place in Australia, that is of a kind referred to in item 30 or item 34 in the Schedule and over which the declared Commonwealth country is required by paragraph 1 of Article 4 of that Convention to establish its jurisdiction, shall, for the purposes of this Act, be deemed to be an extradition crime and to have been committed within the jurisdiction of the declared Commonwealth country.
(4A) On and after the day on which the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (being the Convention referred to in the Crimes (Protection of Aircraft) Act 1973) enters into force for Australia, an offence against a law of, or of a part of, a declared Commonwealth country that is bound by that Convention, being an offence constituted by an act, including an act taking place in Australia, that is of a kind referred to in item 31 or item 34 in the Schedule and over which the declared Commonwealth country is required by paragraph 1 of Article 5 of that Convention to establish its jurisdiction, shall, for the purposes of this Act, be deemed to be an extradition crime and to have been committed within the jurisdiction of the declared Commonwealth country.
(4B) On and after the day on which the Convention referred to in the Crimes (Internationally Protected Persons) Act 1976 enters into force for Australia, an offence against a law of, or of a part of, a declared Commonwealth country that is bound by that Convention, being an offence constituted by an act, including an act taking place in Australia, that is of a kind referred to in item 31A or item 34 in the Schedule and over which the declared Commonwealth country is required by paragraph 1 of Article 3 of that Convention to establish its jurisdiction, shall, for the purposes of this Act -
(a) be deemed to be an extradition crime and to have been committed within the jurisdiction of the declared Commonwealth country; and
(b) not be taken to be an offence that is, or is by reason of circumstances in which it is alleged to have been committed or was committed, an offence of a political character.(5) For the purposes of this Act -
(a) a colony, territory or protectorate of a country other than Australia;
(b) a territory for the international relations of which a country other than Australia is responsible; and
(c) a ship or aircraft of, or registered in, a country other than Australia, shall, unless the contrary intention appears, each be deemed to be within the jurisdiction, and to be part, of that country.(6) Sub-section (5) does not apply in relation to a colony, territory or protectorate of a declared Commonwealth country or in relation to a territory for the international relations of which a declared Commonwealth country is responsible, if the colony, territory or protectorate is itself a declared Commonwealth country.
(7) For the purposes of this Act, the territorial sea of, and the airspace over, a country other than Australia shall, unless the contrary intention appears, be deemed to be within the jurisdiction of that country.
(8) Where an act or omission by a person that took place outside a country other than Australia was an offence against the law of, or of a part of, that country, the offence shall be deemed, for the purposes of this Act, to have been committed within the jurisdiction of that country if a similar act or omission by an Australian citizen that took place outside Australia would be an offence against a law of the Commonwealth.
(9) For the purposes of this Act, an offence against the law of, or of a part of, a country other than Australia, being an offence against the law relating to genocide, shall not be taken to be an offence that is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 5
Extension of Act to external TerritoriesSECT
5. This Act extends to all the external Territories.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 6
Exclusion of Fugitive Offenders Act, 1881SECT
6. This Act excludes the operation of the Imperial Act known as the Fugitive Offenders Act, 1881.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - PART II
PART II - EXTRADITION TO AND FROM DECLARED
COMMONWEALTH COUNTRIES
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - DIVISION 1
Division 1 - Application of Part
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 8
Application of Part in relation to Commonwealth countriesSECT
8.(1) The regulations may declare a country other than Australia that is specified in the regulations to be a Commonwealth country in relation to which this Part applies and, subject to sub-section (2), where the regulations for the time being in force so declare, this Part applies in relation to that country. (2) The regulations may provide that this Part applies in relation to a declared Commonwealth country subject to such limitations, conditions, exceptions or qualifications as are specified in the regulations and, where the regulations for the time being in force so provide, this Part applies in relation to that country subject to those limitations, conditions, exceptions or qualifications.
(3) The Secretary to the Department of Foreign Affairs may, by notice in writing published in the Gazette, declare a country other than Australia that is specified in the notice to be a Commonwealth country in relation to which this Part applies and, subject to sub-section (4), where a notice under this sub-section is in force in relation to such a country, this Part applies in relation to that country.
(4) A notice under sub-section (3) in relation to a country other than Australia may provide that this Part applies in relation to that country subject to such limitations, conditions, exceptions or qualifications as are specified in the notice and, where a notice in force under this sub-section in relation to such a country so provides, this Part applies in relation to that country subject to those limitations, conditions, exceptions or qualifications.
(5) A notice under sub-section (3), unless sooner revoked, ceases to have effect upon the expiration of 3 months after the day on which it is published in the Gazette.
(6) Sections 48 (other than paragraph (1)(a)), 49 and 50 of the Acts Interpretation Act 1901 apply in relation to notices under sub-section (3) as if, in those sections -
(a) references to regulations were references to notices; and
(b) references to 15 sitting days of a House of the Parliament were references to 5 sitting days of that House.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - DIVISION 2
Division 2 - Extradition to Declared Commonwealth Countries
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 9
Liability of fugitive to be surrenderedSECT
9. Every fugitive from a declared Commonwealth country is liable, subject to this Part and to any limitations, conditions, exceptions or qualifications to which the application of this Part in relation to that country is subject, to be apprehended and surrendered to that country as provided by this Part and is so liable whether the offence to which the requisition for the surrender of the fugitive relates is alleged to have been committed, or was committed, before or after the commencement of this Act or before or after the time when that country became a declared Commonwealth country.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 10
Restrictions on surrender of persons to Commonwealth countriesSECT
10. (1) A person is not liable to be surrendered to a declared Commonwealth country if the offence to which the requisition for his surrender relates is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character or if the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character. (4) A person is not liable to be surrendered to a declared Commonwealth country in respect of an offence if he has been acquitted or pardoned by a competent tribunal or authority in any country, or has undergone the punishment provided by the law of, or of a part of, any country, in respect of that offence or of another offence constituted by the same act or omission as that offence.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 11
Restrictions on power of Attorney-General to authorize the apprehension,
or order the surrender, of a fugitiveSECT
11. (1) The Attorney-General shall not give a notice under sub-section 12(1), or issue a warrant under sub-section 17A(1) or (3), in respect of a fugitive from a declared Commonwealth country if there are substantial grounds for believing that -
(a) the requisition for the surrender of the fugitive, although purporting to have been made in respect of an offence for which, but for this section, he would be liable to be surrendered to that country, was made for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions; or
(b) if the fugitive is surrendered to that country, he may be prejudiced at his trial, or punished, detained or restricted in his personal liberty, by reason of his race, religion, nationality or political opinions.(2) If the Attorney-General is satisfied -
(a) by reason of -
(i) the trivial nature of the offence that a fugitive is alleged to
have committed;
(ii) the accusation against a fugitive not having been made in
good faith or in the interests of justice; or
(iii) the passage of time since the offence is alleged to have been
committed or was committed; or
(b) for any other reason, that it would be unjust, oppressive or too severe a punishment to surrender the fugitive, or to surrender the fugitive before the expiration of a particular period, the Attorney-General shall not issue a warrant under sub-section 17A(1) or (3) in respect of the fugitive, or shall not issue such a warrant before the expiration of that period, as the case may be.(3) The Attorney-General shall not issue a warrant under sub-section 17A(1) or (3) in respect of a fugitive from a declared Commonwealth country unless provision is made by the law of that country, or by an agreement in force between Australia and that country, or that country has given an undertaking, by virtue of which the fugitive will not, unless he has been returned to Australia or has had an opportunity of leaving that country -
(a) be detained or tried in that country for any offence that is alleged to have been committed, or was committed, before his surrender other than -
(i) the offence in respect of which the fugitive was surrendered
or any lesser offence of which the fugitive could be convicted upon proof of the facts on which the surrender of the fugitive was ordered; or
(ii) any other extradition crime in respect of which the Attorney-General
consents to his being so detained or tried, as the case may be; or
(b) be detained in that country for the purpose of his being surrendered to another country for trial or punishment for any offence that is alleged to have been committed, or was committed, before his surrender to the first-mentioned country other than -
(i) a lesser offence of which the fugitive could be convicted
upon proof of the facts on which the surrender of the fugitive to the first-mentioned country was ordered; or
(ii) any other offence described in the Schedule in respect of
which the Attorney-General consents to his being so detained.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 12
Notice by Attorney-GeneralSECT
12. (1) Subject to sub-section (2), where a requisition for the surrender of a fugitive who is, or is suspected of being, in or on the way to Australia is made to the Attorney-General by a declared Commonwealth country, the Attorney-General may, in his or her discretion -
(a) if a warrant for the apprehension of the fugitive has not been issued under section 14 - by notice in writing in accordance with the form prescribed for the purposes of this paragraph, state that the requisition has been made and authorize the issuing by any Magistrate of a warrant for the apprehension of the fugitive; or
(b) if a warrant for the apprehension of the fugitive has been issued under section 14 and a person has been apprehended under the warrant - by notice in writing in accordance with the form prescribed for the purposes of this paragraph and directed to any Magistrate before whom the person may be brought, inform the Magistrate that the requisition has been made.(2) The Attorney-General shall not give a notice under sub-section (1) in respect of a fugitive whose surrender is requested by a declared Commonwealth country if the Attorney-General is of the opinion that -
(a) the fugitive is not liable to be surrendered to the country; or
(b) the offence to which the requisition for the surrender of the fugitive relates is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character or that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 13
Priority of requisitionsSECT
13. (1) Where requisitions are received by the Attorney-General from 2 or more declared Commonwealth countries for the surrender of the one fugitive, the Attorney-General shall determine to which of those countries the fugitive is to be surrendered and may refuse to surrender the fugitive to the other country or countries. (2) In making a determination under sub-section (1), the Attorney-General shall have regard to all the circumstances and, in particular, to -
(a) the relative seriousness of the offences to which the requisitions relate;
(b) the respective dates on which the requisitions were made; and
(c) the citizenship or nationality, and the ordinary place of residence, of the fugitive.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 14
Issue of warrantsSECT
14. (1) Where -
(a) a Magistrate is authorized by the Attorney-General by a notice under paragraph 12(1)(a) to issue a warrant for the apprehension of a fugitive; or
(b) an application is made as prescribed to a Magistrate for the issue of a warrant for the apprehension of a fugitive who is, or is suspected of being, in or on his way to Australia,
and the Magistrate is informed, by information on oath or affirmation, that a warrant for the apprehension of the fugitive has been issued in a declared Commonwealth country and is in force, the Magistrate shall issue a warrant for the apprehension of the fugitive in accordance with the appropriate form prescribed for the purposes of this sub-section.(2) A warrant issued under this section may be executed in any State or Territory.
(3) Where a Magistrate issues a warrant under this section without having been authorized by the Attorney-General by a notice under paragraph 12(1)(a) to issue the warrant, the Magistrate shall forthwith send to the Attorney-General a report stating that he has issued the warrant and the evidence produced to him on the application for the warrant.
(4) It is a sufficient compliance with sub-section (3) in relation to any evidence consisting of testimony given on oath, or declared or affirmed to be true, by a person if -
(a) where the testimony was given in writing - the Magistrate sends to the Attorney-General a copy of that writing certified by him to be a true copy; or
(b) where the testimony was given orally -
(i) if the testimony has been reduced to writing - the Magistrate
sends to the Attorney-General that writing certified by him to be a true record of the testimony; or
(ii) if the testimony has not been reduced to writing - the
Magistrate sends to the Attorney-General the notes made by the Magistrate in respect of the testimony and certified by him to be a true summary of the testimony.(5) Where the Attorney-General -
(a) receives a report of the issue of a warrant and the evidence as provided by sub-sections (3) and (4); or
(b) otherwise becomes aware of the issue of such a warrant, he may, if he thinks fit, by order in writing, direct that the warrant be cancelled.(6) Where a person has been apprehended under a warrant that is so directed to be cancelled -
(a) if the person is held in custody - the person holding him in custody shall, upon receipt of the order, cause him to be released; or
(b) if he has been admitted to bail - the recognizances upon which he was admitted to bail are, by force of this sub-section, discharged.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 14A
Searches after apprehensionSECT
14A. (1) A Police Officer who apprehends a person pursuant to a warrant issued under section 14 may search the person or the clothing that the person is wearing, and any property under the control of the person, if the Police Officer has reasonable grounds for suspecting that there is concealed, on, or in the clothing of, the person or in that property, any article, including a sum of money -
(a) that may be material as evidence in proving an offence to which the requisition for the surrender of the person relates; or
(b) that has been acquired by the person as a result of such an offence.(2) Sub-section (1) does not authorize a Police Officer to remove, or to require the person to remove, any of the clothing that the person is wearing.
(3) A Police Officer may seize any article found as a result of a search in accordance with sub-section (1) and may retain any article so seized pending any direction from the Attorney-General as to the manner in which the article is to be dealt with.
(4) The powers conferred by this section are in addition to, and not in derogation of, any other powers conferred by law.
(5) In this section, "Police Officer" means a member or special member of the Australian Federal Police or a member of the Police Force of a State or Territory.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 14B
Search warrantsSECT
14B. (1) Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds for suspecting that there may be upon any land, or upon or in any premises, vessel, aircraft or vehicle, any article, including a sum of money, that may be material as evidence in proving an offence to which the requisition for the surrender of a person relates or that has been acquired by a person as a result of such an offence, and the information sets out those grounds, the Magistrate may issue a search warrant in accordance with the appropriate form prescribed for the purposes of this sub-section authorizing a Police Officer named in the warrant, with such assistance as the Police Officer thinks necessary, and if necessary by force -
(a) to enter upon the land or upon or into the premises, vessel, aircraft or vehicle;
(b) to search the land, premises, vessel, aircraft or vehicle for any such article; and
(c) to seize any such article found upon the land or upon or in the premises, vessel, aircraft or vehicle.(2) A Magistrate shall not issue a warrant under sub-section (1) unless -
(a) the informant or some other person has given to the Magistrate, either orally or by affidavit, such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
(b) the Magistrate is satisfied that there are reasonable grounds for issuing the warrant.(3) There shall be stated in a warrant issued under this section -
(a) a statement of the purpose for which the warrant is issued, which shall include a reference to the nature of the offence in relation to which the entry and search are authorized;
(b) whether entry is authorized to be made at any time of the day or night or during specified hours of the day or night;
(c) a description of the kind of articles authorized to be seized; and
(d) a day, not being later than one month after the day of issue of the warrant, upon which the warrant ceases to have effect.(4) If, in the course of searching in accordance with a warrant issued under this section, for an article, including a sum of money, that may be material as evidence in proving an offence or has been acquired as a result of an offence, being an article of a kind specified in the warrant, a Police Officer finds any article, including a sum of money, that the Police Officer believes on reasonable grounds to be connected with the offence, although not of a kind specified in the warrant, and the Police Officer believes on reasonable grounds that it is necessary to seize that article in order to prevent its concealment, loss or destruction, the warrant shall be deemed to authorize the Police Officer to seize that article.
(5) Where a Police Officer seizes an article found as a result of a search in accordance with this section, the Police Officer may retain the article pending any direction from the Attorney-General as to the manner in which the article is to be dealt with.
(6) In this section, "Police Officer" has the same meaning as in section 14A.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 15
Proceedings after apprehension of personSECT
15. (1) A person who is apprehended under a warrant issued in pursuance of section 14 shall, unless he is sooner released, be brought as soon as practicable before a Magistrate in the State or Territory in which he is apprehended. (2) Subject to sub-section (2A), a Magistrate may remand a person brought before him under this section, either in custody or on bail, for a period or periods not exceeding 7 days at any one time and, where a Magistrate remands a person for such a period, the person may, at the expiration of the period, be brought before that Magistrate or before any other Magistrate.
(2A) The period for which a person brought before a Magistrate under this section may be remanded by the Magistrate may, if the person consents, be a period exceeding 7 days.
(2B) Where, under sub-section (2), a Magistrate remands a person in custody after the person has made an application for bail, the person is not entitled to apply to any other court or person for release on bail.
(3) In the application of the succeeding sub-sections in relation to a person who has been apprehended under a warrant issued in pursuance of section 14, the expression "the Magistrate" means the Magistrate before whom the person is brought after he was apprehended or at the expiration of a period for which he has been remanded under this section, as the case may be.
(4) If the person was apprehended under a warrant issued otherwise than in pursuance of an authority by the Attorney-General in a notice under paragraph 12 (1) (a), the Magistrate shall remand the person in accordance with sub-sections (2) and (2A) of this section until the Magistrate receives a notice under paragraph 12 (1) (b) from the Attorney-General informing the Magistrate that a requisition for the surrender of the person has been made to the Attorney-General by a declared Commonwealth country.
(5) Where the Magistrate does not receive such a notice within 45 days after the day on which the person was apprehended or within such further period as the Magistrate considers reasonable having regard to all the circumstances, the Magistrate shall-
(a) if the person apprehended is held in custody - order that he be released; or
(b) if he has been admitted to bail - make an order discharging the recognizances upon which he was admitted to bail.(5A) A person brought before a Magistrate under this section may -
(a) where the person was apprehended under a warrant issued otherwise than pursuant to an authority by the Attorney-General in a notice under paragraph 12 (1) (a) and the Magistrate receives a notice under paragraph 12 (1) (b) - after the Magistrate receives the notice by the Attorney-General under paragraph 12 (1) (b); or
(b) where the person was apprehended under a warrant issued pursuant to an authority by the Attorney-General in a notice under paragraph 12 (1) (a) - upon being brought before the Magistrate,
inform the Magistrate that the person consents to being surrendered to the declared Commonwealth country that made the requisition for the surrender of the person.(5B) Where a person informs a Magistrate that the person consents to being surrendered to a declared Commonwealth country, the Magistrate shall, unless the Magistrate has reason to believe that the consent was not given voluntarily -
(a) advise the person that the effect of so consenting will be that -
(i) the country requesting the surrender of the person will not
be required to produce the warrant or the evidence referred to in sub-section (6);
(ii) the person will be committed to prison and will not be
entitled to apply under section 17 for a review of the validity of the decision to commit the person to prison; and
(iii) the person is liable to be surrendered to that Commonwealth
country forthwith; and
(b) if, after the person has been advised in accordance with paragraph
(a), the person again consents to being surrendered - commit the
person to prison to await the warrant of the Attorney-General for the surrender of the person to that declared Commonwealth country.(5C) Where a Magistrate commits a person to prison in accordance with paragraph (5B) (b), sub-sections (6) and (6A) do not apply to or in relation to that person.
(6) If the person was apprehended under a warrant issued in pursuance of an authority by the Attorney-General in a notice under paragraph 12 (1) (a) or the Magistrate receives a notice by the Attorney-General under paragraph 12 (1) (b) and -
(a) there is produced to the Magistrate a duly authenticated overseas warrant or a duly authenticated copy of such a warrant in respect of the person issued in the declared Commonwealth country that made the requisition for the surrender of the person;
(b) there is produced to the Magistrate -
(i) in the case of a person who is accused of an extradition
crime - such evidence as would, in the opinion of the Magistrate, according to the law in force in the State or Territory of which he is a Magistrate, justify the trial of the person if an act or omission by the person of which evidence was produced in connection with the requisition for the surrender of the person, or any equivalent act or omission, had taken place in, or within the jurisdiction of, that State or Territory; or
(ii) in the case of a person who is alleged to have been convicted
of an extradition crime - sufficient evidence to satisfy the Magistrate that the person has been convicted of that crime; and
(c) the Magistrate is satisfied, after taking into account any evidence properly adduced by the person, that the person is liable to be surrendered to the declared Commonwealth country that made the requisition for the surrender,
the Magistrate shall either -
(d) by warrant in accordance with the form prescribed for the purposes of this sub-section, commit the person to prison to await the warrant of the Attorney-General for the surrender of the person; or
(e) in the case of a person -
(i) who has been charged with an offence that is alleged to have
been committed in Australia, being a charge that has not been disposed of; or
(ii) who has been convicted in Australia of an offence and is not
in custody in respect of that offence,
on the person's entering into such recognizances as the Magistrate thinks appropriate, grant bail to the person pending the signing of a warrant by the Attorney-General for the surrender of the person, but otherwise the Magistrate shall order that the person be released.(6A) A person referred to in paragraph (6) (b) is not entitled to adduce, and a Magistrate is not entitled to receive, evidence to controvert an allegation that the person has committed an act or omission in respect of which the surrender of the person is requested.
(7) Where the Magistrate is of the opinion that it would be dangerous to the life or prejudicial to the health of the person to commit him to prison, he may, in lieu of committing him to prison, by warrant, order that he be held in custody at the place where he is for the time being, or at any other place to which the Magistrate considers that he can be removed without danger to his life or prejudice to his health, until such time as he can without such danger or prejudice be committed to prison or he is surrendered and, in such a case, the warrant shall be in accordance with the form prescribed for the purposes of this sub-section with such variations as are necessary to meet the circumstances of the case.
(8) Where, in pursuance of this section, a Magistrate commits a person to prison or otherwise orders that he be held in custody or grants bail to a person, he shall forthwith send to the Attorney-General a certificate to that effect and such report, if any, relating to the proceedings as he thinks fit and, where a Magistrate commits a person to prison under paragraph (5B) (b), the Magistrate shall include in the certificate to the Attorney-General a statement that the Magistrate has advised the person in accordance with paragraph (5B) (a).
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 16
Power of Magistrate or court to release, or postpone the surrender of, a
personSECT
16. If a Magistrate before whom a person is brought pursuant to section 15, or a court to which the person has applied for a review of the validity of the decision of the Magistrate, is satisfied -
(a) by reason of -
(i) the trivial nature of the offence that the person is alleged to
have committed or has committed;
(ii) the accusation against the person not having been made in
good faith or in the interests of justice; or
(iii) the passage of time since the offence is alleged to have been
committed or was committed; or
(b) for any other reason,
that it would be unjust, oppressive or too severe a punishment to surrender the person to a declared Commonwealth country, or to surrender the person before the expiration of a particular period, the Magistrate or court may -
(c) order that the person be released;
(d) order that the person be surrendered after the expiration of a period specified in the order and order the release of the person on bail until the expiration of that period; or
(e) make such other order as the Magistrate or court thinks just.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 16A
Review of Magistrate's decisionSECT
16A. (1) Where, under sub-section 15(6) or section 16, a Magistrate orders that a person be released, a declared Commonwealth country may apply to the Federal Court, or to the Supreme Court of the State or Territory in which the person was apprehended, for a review of the order, and the Court may review the order. (2) Where, after a person is released pursuant to an order under subsection 15(6) or section 16, a declared Commonwealth country applies under sub-section (1) of this section for a review of the order, a Magistrate may issue a warrant for the apprehension of the person in accordance with the form prescribed for the purposes of this sub-section.
(3) A warrant issued under this section may be executed in any State or Territory.
(4) The Court to which an application is made for a review of an order that a person be released may, whether the person was not released pursuant to the order before the application was made or was so released but was apprehended pursuant to a warrant issued under sub-section (2) -
(a) order the release on bail of the person on such terms and conditions as the Court thinks fit; or
(b) order that the person be kept in such custody as the Court directs in the State or Territory in which the person was last apprehended until the order has been reviewed.(5) Upon a review of the order, the Court shall have regard only to the evidence that was before the Magistrate.
(7) Upon the review of an order, the Court may confirm or vary the order, or quash the order and make a new order in substitution for the order so quashed.
(8) The order as confirmed or varied, or the substituted order, shall be executed according to its tenor as if it had been made by the Magistrate.
(9) An appeal lies to the Full Court of the Federal Court from -
(a) an order confirmed under sub-section (7);
(b) an order as varied under sub-section (7); or
(c) an order made under sub-section (7) in substitution for an order quashed under that sub-section.(10) In an appeal, the Full Court shall have regard only to the evidence given in the proceedings out of which the appeal arose.
(11) Except as provided by sub-section (9), an appeal does not lie from an order referred to in that sub-section.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 17
Application by fugitive for review of Magistrate's decisionSECT
17. (1) Where a person (in this section referred to as a "fugitive") is committed to prison or otherwise ordered to be held in custody, or is granted bail, by a Magistrate pursuant to section 15, the fugitive may, within the period of 15 days after the date of the decision of the Magistrate, apply to the Federal Court, or to the Supreme Court of the State or Territory in which the Magistrate was sitting, for a review of the validity of the decision of the Magistrate. (2) The fugitive is not entitled to make an application under sub-section (1) after the expiration of the period referred to in that sub-section.
(3) Upon a review under sub-section (1), the Court shall have regard only to the evidence given in the proceedings before the Magistrate and shall -
(a) if satisfied that the decision of the Magistrate was valid - make an order confirming the decision; or
(b) if not so satisfied - order that the fugitive be released.(4) An appeal lies to the Full Court of the Federal Court from an order made on an application by the fugitive under sub-section (1) if the appeal is instituted within 15 days after the date of the decision of the Federal Court or the Supreme Court in relation to the application.
(5) In an appeal under sub-section (4), the Full Court shall have regard only to the evidence to which regard could be had by the Court that made the order from which the appeal was instituted.
(6) Except as provided by sub-section (4), an appeal does not lie from an order referred to in that sub-section.
(7) A Magistrate shall, when committing a fugitive to prison or otherwise ordering that a fugitive be held in custody, or when granting bail to a fugitive, pursuant to this Part, inform the fugitive that the fugitive will not be surrendered until after the expiration of the period referred to in subsection (1) and that the fugitive may make an application to a Court as provided by that sub-section.
(8) This section does not apply in relation to a person committed to prison under paragraph 15(5B)(b).
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 17A
Surrender of fugitiveSECT
17A. (1) Where the period applicable under sub-section 17(1) in relation to a person (in this section referred to as a "fugitive") has expired and -
(a) the fugitive did not make an application under that sub-section within that period; or
(b) the fugitive made an application under that sub-section within that period and the Court to which the application was made, or, where an appeal was brought from the decision of that Court to the Full Court of the Federal Court, the Full Court, has refused to order that the fugitive be released, and the period of 15 days after the date of the decision of the first-mentioned Court or the Full Court of the Federal Court, as the case may be, has expired,
the Attorney-General may -
(c) if satisfied that the fugitive is liable to be surrendered to the declared Commonwealth country that made the requisition for the surrender of the fugitive; and
(d) unless of the opinion that -
(i) the offence to which the requisition for the surrender relates
is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character; or
(ii) the requisition for the surrender has in fact been made with
a view to try or punish the fugitive for an offence of a political character,
by warrant in accordance with the appropriate form prescribed for the purposes of this sub-section, order that a person specified in the warrant take the fugitive into custody and convey the fugitive to a place in that country or within the jurisdiction of, or of a part of, that country and there surrender the fugitive to a person appointed by that country to receive the fugitive.(2) Sub-section (1) does not apply in relation to a person committed to prison under paragraph 15(5B)(b).
(3) Where a Magistrate -
(a) pursuant to paragraph 15(5B)(b), commits a person (in this section referred to as a "volunteer prisoner") to prison; or
(b) pursuant to sub-section 15(7), orders that a person (in this section also referred to as a "volunteer prisoner") who could be committed to prison under paragraph 15(5B)(b) be held in custody,
to await the warrant of the Attorney-General for the surrender of the volunteer prisoner to a declared Commonwealth country, the Attorney-General may -
(c) if satisfied that the volunteer prisoner is liable to be surrendered to the declared Commonwealth country; and
(d) unless of the opinion that -
(i) the offence to which the requisition for the surrender relates
is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character; or
(ii) the requisition for the surrender has in fact been made with
a view to try or punish the volunteer prisoner for an offence of a political character,
by warrant in accordance with the appropriate form prescribed for the purposes of this sub-section, order that a person specified in the warrant take the volunteer prisoner into custody and convey the volunteer prisoner to a place in that country or within the jurisdiction of, or of a part of, that country and there surrender the volunteer prisoner to a person appointed by that country to receive the volunteer prisoner.(4) Where a person who is a fugitive referred to in sub-section (1) or a volunteer prisoner referred to in sub-section (3) is in custody -
(a) in respect of an offence that is alleged to have been committed in Australia; or
(b) by reason of a conviction in Australia for an offence,
the Attorney-General shall not make an order under the relevant sub-section in relation to the person until the person has been released from custody otherwise than by being granted bail.(5) Where an order has been made granting bail to a person who is a fugitive referred to in sub-section (1) or a volunteer prisoner referred to in sub-section (3), being bail granted -
(a) in respect of an offence that is alleged to have been committed in Australia; or
(b) in respect of an offence of which the person has been convicted in Australia,
the Attorney-General shall not make an order under the relevant sub-section in relation to the person until the recognizances upon which the person was so granted bail have been discharged.(6) Where a person referred to in sub-section (5) is in custody pursuant to this Act, the Federal Court, or the Supreme Court of the State or Territory in which the person is held in custody, may order the release on bail of the person on such terms and conditions as the Court thinks fit.
(7) A warrant issued pursuant to sub-section (1) or (3) may be executed according to its tenor.
(8) If a person escapes from the custody of a person executing a warrant referred to in sub-section (7) in or to a State or Territory, the person may be apprehended in the same manner as a person accused of an offence against the law in force in that State or Territory may be apprehended after an escape from lawful custody.
(9) Any article, including a sum of money, that may be material as evidence in proving the offence to which the requisition for the surrender of a fugitive or volunteer prisoner relates or that has been acquired by him or her as a result of the offence shall, if the Attorney-General so directs, be delivered up to the declared Commonwealth country that made the requisition.
(10) If a fugitive or volunteer prisoner cannot be surrendered by reason of his or her having died or escaped from custody, any article referred to in sub-section (9) shall, if the Attorney-General so directs, be delivered up to the declared Commonwealth country.
(11) If, at any time after a fugitive or volunteer prisoner has been committed to prison or otherwise ordered to be held in custody, or has been released on bail, under this Part pending the signing of a warrant by the Attorney-General for the surrender of the fugitive or volunteer prisoner to a declared Commonwealth country, the Attorney-General decides not to sign such a warrant, the Attorney-General shall, by order in writing, direct that the fugitive or volunteer prisoner be released or that the recognizances upon which the fugitive or volunteer prisoner was admitted to bail be discharged, as the case may be, but any such order does not affect any order made in respect of, or recognizances entered into by, the fugitive or volunteer prisoner otherwise than pursuant to this Act.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 18
Discharge of fugitive who is not conveyed out of Australia within 2
monthsSECT
18. (1) Where a person who, in pursuance of this Division, has been committed to prison, or otherwise ordered to be held in custody, is in custody in Australia at the expiration of 2 months after -
(a) the date of the committal or order; or
(b) if an application for a review of the validity of the decision to commit the person to prison or otherwise hold the person in custody has been made by the person - the date of the decision of the court to which the application was made or, where an appeal has been brought from that decision to the Full Court of the Federal Court, the date of the decision of the Full Court,
whichever is the later, the Federal Court, or the Supreme Court of the State or Territory in which the person is held in custody, upon application made to it by the person and upon proof that reasonable notice of the intention to make the application has been given to the Attorney-General, shall, unless reasonable cause is shown for the delay, order that the person be released.(2) A Court shall not order the release of a person under sub-section (1) if the Attorney-General is precluded by sub-section 17A (4) or (5) from making an order in respect of the person under sub-section 17(1) or (3).
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - DIVISION 3
Division 3 - Extradition from Declared Commonwealth Countries
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 19
InterpretationSECT
19. In this Division, "extraditable crime" means an offence (wherever committed) against the law in force in Australia or in a part of Australia (including an offence against such a law relating to taxation, customs duties, foreign exchange control or any other revenue matter) the maximum penalty for which is death or imprisonment for a period of not less than 12 months, being an offence that -
(a) is described in the Schedule; or
(b) would be so described if the description concerned contained a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 20
Requisition to Commonwealth country for surrender of person to be made
by Attorney-GeneralSECT
20. Where a person accused or convicted of an extraditable crime is, or is suspected of being, in or on his way to a declared Commonwealth country or within the jurisidiction of, or of a part of, such a country, the Attorney- General may make a requisition to that country for the surrender of the person.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 21
Person surrendered may be brought into AustraliaSECT
21. Where a person accused or convicted of an extraditable crime is surrendered by a declared Commonwealth country, the person may be brought into Australia and delivered to the proper authorities to be dealt with according to law.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 22
Person surrendered by Commonwealth country in respect of an offence
not to be prosecuted or detained for other offencesSECT
22. Where a person accused or convicted of an extraditable crime is surrendered by a declared Commonwealth country, the person shall not, unless he has been returned to that country or has had an opportunity of leaving Australia -
(a) be detained or tried in Australia for any offence that is alleged to have been committed, or was committed, before his surrender other than -
(i) the offence in respect of which the person was surrendered
or any lesser offence of which the person could be convicted upon proof of the facts on which the surrender of the person was granted; or
(ii) any other extraditable crime in respect of which that country
consents to his being so detained or tried, as the case may be; or
(c) in the case of a document that certifies that a person has been convicted in a declared Commonwealth country of an offence - the document purports to be certified by a Judge, Magistrate or officer in or of that country;
(d) in the case of a document that purports to be an overseas warrant - the document purports to be signed by a Judge, Magistrate or officer in or of the country in which the document was issued; or
(e) in the case of a document that purports to be a copy of an overseas warrant -
(i) the document purports to be certified by a Judge, Magistrate
or officer in or of the country in which the document was issued to be a true copy of the original overseas warrant; and
(ii) the original overseas warrant purports to be signed by a
Judge, Magistrate or officer in or of the country in which the document was issued,
and the document purports to be authenticated by the oath of a witness or to be sealed with the official or public seal of that country or of a Minister of State, or of a Department or officer of the Government, of that country.(2A) The reference in sub-section (2) to a Minister of State of a declared Commonwealth country shall, in the case of a country that is a colony, territory or protectorate referred to in sub-section 4(6), be read as including a reference to the Governor or other person administering the Government of that country and to any person administering a Department of the Government of that country.
(3) Nothing in this section prevents the proof of any matter, or the admission in evidence of any document, in accordance with any other law of the Commonwealth or any law of a State or Territory.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 33AA
TransitSECT
33AA. (1) Where -
(a) a person is being transported to a declared Commonwealth country from another country for the purpose of being surrendered to the declared Commonwealth country; and
(b) if the person had been found in Australia, he would have been liable to be surrendered to the declared Commonwealth country in accordance with Part II or, in the case of a person who is being transported to New Zealand, a Magistrate would have been authorized under Part III to make an indorsement on a warrant for his apprehension authorizing the execution of the warrant in Australia,
this section applies in relation to the person.(2) Where this section applies in relation to a person -
(a) the person may be transported through Australia in the custody of another person for the purpose of being surrendered to the declared Commonwealth country; and
(b) if an aircraft or ship by which the person is being transported lands or calls at a place in Australia - a Magistrate may, if he is of the opinion that it is necessary or desirable to do so, by warrant in accordance with the form prescribed for the purposes of this paragraph, order a person specified in the warrant to hold the firstmentioned person in custody until his transportation is continued.(3) Where a person is being held in custody in pursuance of a warrant by a Magistrate under paragraph (2)(b) and his transportation is not continued within such time as is reasonable having regard to all the circumstances, the Attorney-General may, if he thinks fit, by order in writing, direct that the person be released.
(4) In this section "declared Commonwealth country" includes New Zealand.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 33AB
Taking of evidence in respect of criminal proceedings in Commonwealth
countriesSECT
33AB. (1) Where a request is made by a declared Commonwealth country that evidence be taken in Australia for the purposes of a criminal proceeding in a court or tribunal of that country other than a proceeding relating to an offence that is, or that is by reason of the circumstances in which it is alleged to have been committed, an offence of a political character, the Attorney-General may, by writing in accordance with a form prescribed for the purposes of this sub-section, authorize the taking of the evidence. (2) The reference in sub-section (1) to a criminal proceeding shall be construed as a reference to the trial of a person for an offence or to a proceeding to determine whether to place a person who is accused of an offence on trial for that offence.
(2A) The Attorney-General shall not authorize the taking of evidence under sub-section (1) in relation to an offence unless an act or omission by the person that is, in or in connection with the request for the taking of the evidence, alleged to have taken place, or any equivalent act or omission, would, if it took place, at the time when the request was made, in, or within the jurisdiction of, Australia, constitute an offence against the law in force in Australia or in a part of Australia.
(2B) Where the Attorney-General authorizes the taking of evidence under sub-section (1), a Magistrate may take the evidence on oath or affirmation of each witness appearing before the Magistrate to give evidence in relation to the matter, and a Magistrate who takes evidence under this sub-section shall -
(a) cause the evidence to be reduced to writing and certify at the end of that writing that the evidence was taken by the Magistrate; and
(b) cause the writing so certified to be sent to the Attorney-General.(3) Upon receipt of the notice, the Magistrate shall -
(a) take the evidence of each witness appearing before him to give evidence in relation to the matter in like manner as if the witness were giving evidence on a charge against a person for an indictable offence against the law in force in the State or Territory of which he is a Magistrate;
(b) cause the evidence to be reduced to writing and certify at the end of that writing that the evidence was taken by him; and
(c) cause the writing so certified to be sent to the Attorney-General.(4) The evidence of such a witness may be taken in the presence or absence of the person charged with the offence against the law of, or of the part of, the declared Commonwealth country and the certificate by the Magistrate that the evidence was taken by him shall state whether the person charged was present or absent when the evidence was taken.
(5) Subject to sub-section (5A), the laws of each State or Territory with respect to the compelling of persons to attend before a Magistrate, and to give evidence, answer questions and produce documents, upon the hearing of a charge against a person for an offence against the law of that State or Territory apply, so far as they are capable of application, with respect to the compelling of persons to attend before a Magistrate, and to give evidence, answer questions and produce documents, for the purposes of this section.
(5A) For the purposes of this section, the person charged with the offence against the law of, or a part of, the declared Commonwealth country is competent but not compellable to give evidence.
(6) The preceding provisions of this section apply in relation to a request made by New Zealand in like manner as they apply in relation to a request made by a declared Commonwealth country.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 33A
Taking of evidence for purposes of extraditionSECT
33A. (1) Where a warrant has been issued in Australia for the apprehension of a person accused of an extraditable crime as defined by section 19 and that person is, or is suspected of being, in a declared Commonwealth country or within the jurisdiction of, or of a part of, a declared Commonwealth country, the Attorney-General may, by writing in accordance with the form prescribed for the purposes of this sub-section, authorize the taking of evidence in Australia for transmission to that country for use in any proceedings in that country for the surrender of the person to Australia. (2) Where the Attorney-General authorizes the taking of evidence under sub-section (1), a Magistrate may take the evidence on oath or affirmation of each witness appearing before the Magistrate to give evidence in relation to the matter, and a Magistrate who takes evidence under this sub-section shall -
(a) cause the evidence to be reduced to writing and certify at the end of that writing that the evidence was taken by the Magistrate; and
(b) cause the writing so certified to be sent to the Attorney-General.(3) At a proceeding before a Magistrate pursuant to this section, the accused person is not entitled to appear, either in person or by a legal or other representative.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 34
Conditions of imprisonmentSECT
34. The laws of a State or Territory with respect to -
(a) the conditions of imprisonment of persons imprisoned in that State or Territory to await trial for offences against the law of that State or Territory;
(b) the treatment of such persons during imprisonment; and
(c) the transfer of such persons from prison to prison,
apply, so far as they are capable of application, in relation to persons who have been committed to prison in that State or Territory in pursuance of this Act.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 35
Application of Removal of Prisoners (Territories) ActSECT
35. The Removal of Prisoners (Territories) Act 1923 applies, with such modifications and adaptations, if any, as are prescribed, to and in relation to a person who has been committed to prison in a Territory other than the Northern Territory in pursuance of this Act in like manner as it applies to and in relation to a person who has been sentenced to imprisonment in that Territory.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 35A
Application of Removal of Prisoners (Australian Capital Territory) ActSECT
35A. The Removal of Prisoners (Australian Capital Territory) Act 1968 applies, with such modifications and adaptations, if any, as are prescribed, to and in relation to a person who has been committed to prison in the Australian Capital Territory, or in the Territory accepted by the Commonwealth in pursuance of the Jervis Bay Territory Acceptance Act 1915, in pursuance of this Act in like manner as it applies to and in relation to a person who has been sentenced to imprisonment in that Territory.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SECT 37
RegulationsSECT
37. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular -
(a) prescribing the practice and procedure in relation to the performance by Magistrates of functions under this Act, including the remanding of persons either in custody or on bail, the summoning of witnesses, the production of documents, the taking of evidence on oath or affirmation, the administering of oaths or affirmations, the payment of expenses of witnesses and the protection and immunity of Magistrates, of barristers and solicitors appearing before Magistrates and of witnesses; and
(b) prescribing penalties not exceeding a fine of $500 for offences against the regulations.
EXTRADITION (COMMONWEALTH COUNTRIES) ACT 1966 - SCHEDULE SCH
SCHEDULE Sections 4 and 19
1. Wilful murder; murder.
2. Manslaughter.
3. An offence against the law relating to genocide.
4. An offence against the law relating to abortion.
5. Maliciously or wilfully wounding or inflicting grievous bodily harm.
6. Assault occasioning actual bodily harm.
7. Assault on board a ship or aircraft with intent to destroy life or to cause
grievous bodily harm.
8. Rape.
9. Unlawful sexual intercourse with a female.
10. Indecent assault.
11. Procuring, or trafficking in, women or young persons for immoral purposes;
living on the
earnings of prostitution; any other offence against the law relating to
prostitution.
12. Bigamy.
13. Kidnapping; abduction; false imprisonment; dealing in slaves.
14. Stealing, abandoning, exposing or unlawfully detaining a child.
15. An offence against the law relating to bribery.
16. &erjury; subornation of perjury; obstructing or defeating the course of
justice.
17. Arson.
18. An offence relating to counterfeiting.
19. An offence against the law relating to forgery or against the law relating
to uttering what is forged.
20. Stealing; embezzlement; fraudulent conversion; fraudulent false accounting;
obtaining property, money, valuable securities or credit by false pretences or
other form of deception; receiving stolen property; any other offence involving
fraud.
21. Burglarly; housebreaking; any similar offence.
22. Robbery.
23. Blackmail or extortion by means of threats or by abuse of authority.
24. An offence against the law relating to bankruptcy or insolvency.
25. An offence against the law relating to companies.
26. Maliciously or wilfully damaging property.
27. An act done with the intention of endangering the safety of persons
travelling on a railway, vehicle, ship or aircraft or of endangering or damaging
a railway, vehicle, ship or aircraft.
28. Piracy.
29. An unlawful act against the authority of the master of a ship or the
commander of an aircraft.
30. The unlawful seizure, or unlawful exercise of control, of a ship or
aicraft, by force or threat of force or by any other form of intimidation.
31. An unlawful act of any of the kinds specified in paragraph 1 of Article 1 of
the Convention for the Suppression of Unlawful Acts against the Safety of Civil
Aviation (being the Convention referred to in the Crimes (Protection of
Aircraft) Act 1973).
31A. An act of a kind referred to in paragraph 1(a), (b) or (c) of Article 2 of
the Convention referred to in the Crimes (Internationally Protected Persons)
Act 1976.
32. An offence against the law relating to dangerous drugs, narcotics or
psychotropic substances.
33. Contravention of a prohibition on the importation or exportation of precious
stones, gold or other precious metals.
34. Aiding, abetting, counselling or procuring the commission of, being an
accessory before or after the fact to, or attempting or conspiring to commit,
an offence described in a preceding
item in this Schedule.
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