Extradition (Foreign States)
No. 76 of 1966
An Act relating to the Extradition of Criminals to and from Foreign States.
[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 (Foreign States) 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 1–8).
Part II.—Application of Act (Sections 9–11).
Part III.—Extradition to Foreign States (Sections 12–19).
Part IV.—Extradition from Foreign States (Sections 20–23).
Part V.—Miscellaneous (Sections 24–31).
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;
“extradition crime” means an offence against the law of, or of a part of, a foreign state 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—
(a) is described in the First Schedule to this Act; 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 treaty” means a treaty relating to the surrender of fugitives;
“foreign warrant” means a judicial or other document issued under the law of, or of a part of, a foreign state and authorizing the apprehension of a person;
“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 foreign state or within the jurisdiction of, or of a part of, a foreign state;
“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 24 of this Act—a person who holds an office specified in the arrangement;
“prison” includes a gaol, lock-up or other place of detention;
“Territory” means a Territory of the Commonwealth and includes the Territory of Nauru;
“treaty” includes a convention, agreement or arrangement.
(2.) A reference in this Act to a fugitive from a foreign…