Extradition (Commonwealth Countries) Act 1966

Legislation au C1966A00075 Not in force Act

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Extradition (Commonwealth Countries)

No. 75 of 1966

An Act relating to the Extradition of Criminals to and from Commonwealth Countries.

[Assented to 29 October 1966]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Part I.—Preliminary.

Short title.

1. This Act may be cited as the Extradition (Commonwealth Countries) Act 1966.

Commencement.

2. This Act shall come into operation on a date to be fixed by Proclamation.

Parts.

3. This Act is divided into Parts, as follows:—

Part I.—Preliminary (Sections 1–7).

Part II.—Extradition to and from Declared Commonwealth Countries.

Division 1.—Application of Part (Section 8).

Division 2.—Extradition to Declared Commonwealth Countries (Sections 9–18).

Division 3.—Extradition from Declared Commonwealth Countries (Sections 19–22).

Part III.—Extradition to and from certain Commonwealth Countries neighbouring Australia (Sections 23–30).

Part IV.—Miscellaneous (Sections 31–37).

Interpretation.

4.—(1.) In this Act, unless the contrary intention appears—

“Australia” includes all the Territories of the Commonwealth not forming part of the Commonwealth, including the Territory of Nauru;

“declared Commonwealth country” means a country declared by the regulations to be a Commonwealth country in relation to which Part II. applies;


“extradition crime” means an offence against the law of, or of a part of, a declared Commonwealth country—

(a) the maximum penalty for which is death or imprisonment for not less than twelve months; and

(b) the act or omission constituting which would, if it took place in, or within the jurisdiction of, the part of Australia where the person accused or convicted of the offence is found, constitute an offence against the law in force in that part of Australia that—

(i) is described in the First Schedule to this Act; 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;

“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 Chief, Stipendiary, Police, Resident or Special Magistrate of a Territory other than the Territory of Nauru;

(b) a Magistrate of the District Court of the Island of Nauru; or

(c) where the Governor-General has made an arrangement with the Governor of a State under section 31 of this Act—a person who holds an office specified in the arrangement;

“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…

Overview

The Extradition (Commonwealth Countries) Act 1966 was enacted to address the need for a legal framework governing the extradition of criminals between Australia and certain Commonwealth countries. This Act was passed by the Commonwealth Parliament to facilitate the surrender of individuals accused or convicted of specified crimes to and from Commonwealth countries, ensuring that those who have fled to Australia to evade justice can be returned to face trial or punishment in their home countries. The policy objective of this legislation is to uphold the rule of law by enabling the extradition of fugitives, thereby maintaining international cooperation in criminal matters and ensuring that justice is served.

Scope and Application

The Extradition (Commonwealth Countries) Act 1966 governs the process of extraditing individuals from Australia to, or from, Commonwealth countries, including those that neighbour Australia. The Act applies to any person who is alleged to have committed, or convicted of, an extradition crime. An "extradition crime" is defined as an offence against the law of, or of a part of, a Commonwealth country, where the maximum penalty is death or imprisonment for not less than twelve months, and which would constitute an offence in Australia if committed there. The Act extends to every Territory of the Commonwealth, including the Territory of Nauru. The Act also excludes the operation of the Fugitive Offenders Act, 1881. The Act allows for regulations to declare certain Commonwealth countries as "declared Commonwealth countries" for the purposes of Part II of the Act, which governs extradition to and from these countries. The Act provides detailed provisions for the surrender of fugitives, including restrictions on surrender based on political offences, triviality of the offence, and the passage of time since the offence was alleged to have been committed. The Act also outlines the process for the Attorney-General to authorize the apprehension or surrender of a fugitive, and the role of Magistrates in this process. Subordinate instruments may be used to prescribe further details and procedures under the Act.

Key Provisions

  • The Extradition (Commonwealth Countries) Act 1966 governs the extradition of individuals accused or convicted of certain crimes to and from Commonwealth countries. This Act outlines the process for surrendering fugitives to and from Commonwealth countries, as well as for countries neighbouring Australia. The Act requires that individuals accused of "extradition crimes" — offences with a maximum penalty of death or imprisonment for at least twelve months, and that are considered serious crimes in Australia — be liable to be surrendered to the country where the offence was committed. Extradition is not permitted for political offences, or if the individual is already in custody, on bail, or serving a sentence in Australia for a different offence. The Attorney-General may refuse extradition if there are concerns about the individual's treatment, such as potential prejudice based on race, religion, or political opinions.
  • The Act imposes obligations on the Attorney-General and Magistrates to follow specific procedures when handling extradition requests. The Attorney-General must issue warrants for the apprehension of fugitives and determine which country the fugitive will be surrendered to if multiple countries request extradition. Magistrates must follow certain procedures when dealing with apprehended fugitives, including committing them to prison if there is sufficient evidence to justify extradition. The Act also provides for the review of decisions made by Magistrates regarding extradition.
  • The Act outlines several offences and penalties for non-compliance. For instance, executing a warrant without proper authority is an offence, and there are penalties for not surrendering a fugitive within the specified timeframes. Additionally, the Act allows for the review of decisions made by Magistrates and provides for the discharge of individuals who have not been surrendered within one or two months, depending on the circumstances.

Legal classification tags

Area of Law
Criminal Law
Instrument
Act
Concepts
Commencement Provisions
Offence Provisions
Enforcement Powers
Review & Sunset Clauses

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.