Extradition (Repeal and Consequential Provisions) Act 1988
Act No. 5 of 1988
This compilation was prepared on 10 March 2004
taking into account amendments up to Act No. 120 of 1988
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Interpretation
4 Repeal of Acts
5 Schedule
6 Continued application of former Acts in certain cases
7 Continued application of amended Acts in certain cases
8 Application of Extradition Act 1988 to certain former Act instruments etc.
Schedule 1—Amendments of Acts
Administrative Decisions (Judicial Review) Act 1977
Civil Aviation (Offenders on International Aircraft) Act 1970
Crimes (Hijacking of Aircraft) Act 1972
Crimes (Protection of Aircraft) Act 1973
Director of Public Prosecutions Act 1983
Migration Act 1958
Telecommunications (Interception) Act 1979
Notes
An Act to repeal or amend certain laws in consequence of the enactment of the Extradition Act 1988, and for related purposes
1 Short title [see Note 1]
This Act may be cited as the Extradition (Repeal and Consequential Provisions) Act 1988.
2 Commencement [see Note 1]
(1) Subject to this section, this Act shall come into operation on the day on which the Extradition Act 1988 comes into operation.
(2) This Act, in so far as it provides for the amendment of the Migration Act 1958 as set out in the Schedule, shall come into operation:
(a) when the Extradition Act 1988 comes into operation; or
(b) immediately after the amendments of the Migration Act 1958 made by the Mutual Assistance in Criminal Matters (Consequential Amendments) Act 1987 come into operation;
whichever is the later.
(3) This Act, in so far as it provides for the amendment of the Telecommunications (Interception) Act 1979 as set out in the Schedule, shall come into operation:
(a) when the Extradition Act 1988 comes into operation; or
(b) immediately after section 6 of the Telecommunications (Interception) Amendment Act 1987 comes into operation;
whichever is the later.
3 Interpretation
In this Act:
commencement time means the time at which the Extradition Act 1988 came into operation.
declared Commonwealth country means a declared Commonwealth country for the purposes of the former Commonwealth Extradition Act immediately before the commencement time.
foreign state means a foreign state to which the former Foreign Extradition Act applied immediately before the commencement time.
former Act person means:
(a) a person in relation to whom the following conditions are satisfied:
(i) before the commencement time, the person consented in accordance with subsection 15(5B) of the former Commonwealth Extradition Act or proceedings had commenced in relation to the person for the purposes of subsection 15(6) of that Act; and
(ii) if this Act and the Extradition Act 1988 had not…
Overview
The Extradition (Repeal and Consequential Provisions) Act 1988 was enacted to facilitate the transition from the previous extradition frameworks to the new Extradition Act 1988. This Act was introduced by the Parliament of Australia to repeal the Extradition (Commonwealth Countries) Act 1966 and the Extradition (Foreign States) Act 1966, and to amend various other Acts to align with the new Extradition Act 1988. The primary objective of this legislation was to ensure a smooth and legally consistent transition to the new extradition regime, addressing any gaps or inconsistencies that might have arisen from the repeal of the older Acts. The Act came into operation on 1 December 1988, coinciding with the commencement of the Extradition Act 1988, ensuring that the legal framework for extradition was updated and streamlined in alignment with the new Act.
Scope and Application
The Extradition (Repeal and Consequential Provisions) Act 1988 is a Commonwealth Act that repeals the Extradition (Commonwealth Countries) Act 1966 and the Extradition (Foreign States) Act 1966, and makes consequential amendments to several other Acts. This Act applies to the process of extradition within Australia and between Australia and other countries, specifically to the surrender of individuals wanted for criminal proceedings in another jurisdiction. The Act applies to individuals who were subject to extradition proceedings under the repealed Acts but for whom the proceedings have not been concluded at the time of the commencement of this Act. In such cases, the former extradition laws continue to apply to these individuals as if the new Extradition Act 1988 had not come into operation. The Act also ensures that decisions made under the repealed extradition laws before its commencement continue to be subject to judicial review under the Administrative Decisions (Judicial Review) Act 1977. Furthermore, the Act provides for the continued application of specific provisions of other Acts, such as the Civil Aviation (Offenders on International Aircraft) Act 1970, Crimes (Hijacking of Aircraft) Act 1972, Crimes (Protection of Aircraft) Act 1973, Director of Public Prosecutions Act 1983, and Telecommunications (Interception) Act 1979, in relation to ongoing extradition proceedings. The Act's provisions are applicable nationally, aligning with the broader jurisdictional scope of the Extradition Act 1988. There are no explicit exclusions or thresholds stated within the text of the Act itself; however, the application of the Act is contingent on specific conditions relating to the timing of extradition proceedings and the status of individuals involved. The Act does not extend or restrict its application through subordinate instruments.
Key Provisions
- The Extradition (Repeal and Consequential Provisions) Act 1988, as detailed in sections 4 and 5, repeals the Extradition (Commonwealth Countries) Act 1966 and the Extradition (Foreign States) Act 1966. It also amends other relevant Acts, including the Administrative Decisions (Judicial Review) Act 1977, the Civil Aviation (Offenders on International Aircraft) Act 1970, and others, to reflect the changes brought about by the new Extradition Act 1988. Section 6 ensures that certain former acts continue to apply in specific circumstances involving individuals who were subject to proceedings under the repealed acts before the new legislation came into effect.
- The Act imposes several obligations on the parties and entities it governs. It requires, for example, that certain proceedings under the former extradition acts continue to apply as if the new Extradition Act 1988 had not come into force (section 6). It also mandates that warrants, requisitions, and notices issued under the repealed acts remain in effect and be treated as if issued under the new Extradition Act 1988 (section 8). Additionally, the Act requires specific amendments to other Acts, ensuring they reflect the changes and provisions of the new Extradition Act 1988.
- For breaches of the provisions outlined in this Act, the consequences can include both civil and criminal penalties, depending on the nature and severity of the breach. Under section 8, if an individual who was subject to proceedings under the repealed acts commits an offence under the new Extradition Act 1988, they may be subject to the penalties specified in that Act. The maximum penalties will depend on the specific offence committed and the relevant provisions of the Extradition Act 1988. Additionally, any failure to comply with the continued application provisions outlined in section 6 may result in legal action to enforce the continued applicability of the former acts as required by the new legislation. The specific penalties for such breaches will depend on the jurisdiction and the nature of the non-compliance.
- Area of Law
- International Law
- Criminal Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Transitional Provisions
- Offence Provisions
- Enforcement Powers
- Prohibited Conduct
