Extradition (Foreign States) Amendment Act 1985
No. 18 of 1985
table of provisions
Section
1. Short title, &c.
2. Commencement
3. Interpretation
4. Application of Act in relation to foreign states to which Extradition Acts 1870 to 1935 apply
5. Restrictions on surrender of persons to foreign states
6. Repeal of section 15 and substitution of new section—
15. Notice by Attorney-General
7. Issue of warrants
8. Insertion of new sections—
16a. Searches after apprehension
16b. Search warrants
9. Proceedings after apprehension of person
10. Insertion of new section—
17a. Review of Magistrate’s decision
11. Surrender of fugitive to foreign state
12. Discharge of fugitive who is not conveyed out of Australia within 2 months
13. Repeal of section 20 and substitution of new section—
20. Interpretation
14. Person surrendered by foreign state in respect of an offence not to be prosecuted or detained for other offences
15. Insertion of new section—
24a. Jurisdiction of Courts
16. Insertion of new section—
25a. Evidence of certain matters
17. Documents may be admitted in evidence if duly authenticated
18. Taking of evidence in respect of criminal proceedings in foreign states
19. Repeal of section 27a and substitution of new section—
27a. Taking of evidence for purposes of extradition
20. Repeal of section 30
21. Schedules to Principal Act
TABLE OF PROVISIONS—continued
Section
22. Formal and consequential amendments
23. Savings
SCHEDULE 1
SCHEDULE TO BE INSERTED IN PRINCIPAL ACT
SCHEDULE 2
FORMAL AND CONSEQUENTIAL AMENDMENTS
Extradition (Foreign States) Amendment Act 1985
No. 18 of 1985
An Act to amend the Extradition (Foreign States) Act 1966
[Assented to 7 May 1985]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Extradition (Foreign States) Amendment Act 1985.
(2) The Extradition (Foreign States) Act 19661 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on a day to be fixed by Proclamation.
Interpretation
3. Section 4 of the Principal Act is amended—
(a) by inserting after the definition of “extradition treaty” in sub-section (1) the following definition:
“‘Federal Court’ means the Federal Court of Australia;”;
(b) by omitting “Chief, Stipendiary, Police, Resident or Special Magistrate” from paragraphs (a) and (b) of the definition of “Magistrate” in sub-section (1) and substituting “Magistrate, or as a Chief, Stipendiary, Police, Resident or Special Magistrate,”;
(c) by omitting sub-section (1a) and substituting the following sub-section:
“(1a) An offence against the law of, or of a part of, a foreign state (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…
Overview
The Extradition (Foreign States) Amendment Act 1985 (C2004A03057) was enacted to amend the Extradition (Foreign States) Act 1966, addressing gaps and updating provisions related to the extradition process between Australia and foreign states. This Act was passed by the Queen, in accordance with the Senate and the House of Representatives of the Commonwealth of Australia, and it came into effect on a date specified by Proclamation. The Act introduces several amendments, including changes to definitions, restrictions on the surrender of persons, and modifications to the procedures for issuing warrants, conducting searches, and handling proceedings after the apprehension of a person. A key policy objective of this Act is to ensure that extradition processes comply with contemporary legal standards and to enhance the efficiency and fairness of extradition proceedings.
Scope and Application
The Extradition (Foreign States) Amendment Act 1985 applies to the surrender of fugitives who are, or are suspected of being, in Australia to foreign states for the purposes of criminal prosecution or punishment. The Act pertains to individuals who are subject to extradition requests from specified foreign states listed in the Schedule, including the People's Socialist Republic of Albania, the Republic of Argentina, and others. The Act applies to the Commonwealth of Australia and its territories, and its provisions extend to matters involving extradition treaties and the processes for surrendering individuals to foreign states. The Act excludes offences that are considered political in nature or those for which the extradition request is made with the intent to try or punish the individual for a political offence. The application of the Act can be extended or restricted through subordinate instruments such as regulations and orders.
Key Provisions
- The Extradition (Foreign States) Amendment Act 1985 amends the Extradition (Foreign States) Act 1966 by updating and clarifying the legal framework for the extradition of fugitives to and from Australia. The Act modifies the definition of "extradition crime" to include offences with a maximum penalty of death or imprisonment for not less than 12 months, provided they would also constitute an offence under Australian law under similar circumstances. It restricts the surrender of persons to foreign states if the offence is of a political character or if the requisition for surrender is made with a view to try or punish the person for such an offence. The Act also revises the process for issuing warrants for the apprehension of fugitives, allowing police officers to search individuals and their belongings if there are reasonable grounds to suspect they contain evidence or proceeds of the alleged crime.
- The Act imposes obligations on the Attorney-General to issue warrants for the apprehension of fugitives upon receipt of a requisition from a foreign state, subject to certain conditions. It mandates that police officers may search individuals and seize articles that may be material as evidence or proceeds of the crime if they have reasonable grounds to suspect their presence. Magistrates are required to issue search warrants based on information provided under oath, with specific details regarding the purpose, time of entry, description of articles to be seized, and expiration date. The Act also specifies the process for proceedings after the apprehension of a person, including the right of the person to consent to extradition and the conditions under which a Magistrate may order their release or remand in custody.
- Breach of the provisions of this Act may lead to civil or criminal consequences. For instance, officers acting without reasonable grounds for a search or seizing articles without justification may face legal action for misconduct or abuse of power. Similarly, Magistrates failing to follow the prescribed procedures for the surrender of fugitives or the issuance of warrants could be subject to judicial review or disciplinary action. The Act does not specify penalties for these breaches, but they would typically fall under the general laws governing the conduct of public officials and judicial officers.
- Area of Law
- Criminal Law
- International Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Offence Provisions
- Enforcement Powers
- Civil Penalty Provisions
- Reporting & Disclosure Obligations