Extradition (Repeal and Consequential Provisions) Act 1988 (Cth)

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

An Act to repeal or amend certain laws in consequence of the enactment of the Extradition Act 1988, and for related purposes

1Short title [see Note 1]

 This Act may be cited as the Extradition (Repeal and Consequential Provisions) Act 1988.

2Commencement [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.

3Interpretation

 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 come into operation, the former Commonwealth Extradition Act would have had some further application in relation to the surrender, or possible surrender, of the person as a result of the consent or proceedings;

• (b)

  a person in relation to whom the following conditions are satisfied:

  • (i)

    before the commencement time, the person consented in accordance with subsection 17(5B) of the former Foreign Extradition Actor proceedings had commenced in relation to the person for the purposes of subsection 17(6) of that Act; and

  • (ii)

    if this Act and the Extradition Act 1988 had not come into operation, the former Foreign Extradition Actwould have had some further application in relation to the surrender, or possible surrender, of the person as a result of the consent or proceedings;

• (c)

  a person in relation to whom the following conditions are satisfied:

  • (i)

    before the commencement time, proceedings commenced in relation to the person for the purposes of subsection 26(5) of the former Commonwealth Extradition Act; and

  • (ii)

    if this Act and the Extradition Act 1988 had not come into operation, the former Commonwealth Extradition Act would have had some further application in relation to the surrender, or possible surrender, of the person as a result of the proceedings; or

• (d)

  a person to whom section 21, 22 or 33AA of the former Commonwealth Extradition Act or section 18B, 22 or 23 of the former Foreign Extradition Act applied immediately before the commencement time.

former Commonwealth Extradition Act means the Extradition (Commonwealth Countries) Act 1966 as in force immediately before the commencement time.

former Foreign Extradition Act means the Extradition (Foreign States) Act 1966 as in force immediately before the commencement time.

4Repeal of Acts

 The Extradition (Commonwealth Countries) Act 1966 and the Extradition (Foreign States) Act 1966 are repealed.

5Schedule

 The Acts specified in the Schedule are amended as set out in the Schedule.

6Continued application of former Acts in certain cases

• (1)

  Where a person is a former Act person because paragraph (a), (b), or (c) of the definition of former Act person in section 3 applies, the former Commonwealth Extradition Act or the former Foreign Extradition Act, as the case requires, applies, or continues to apply, in relation to the surrender or possible surrender of the person as a result of the consent or proceedings referred to in that paragraph as if this Act and the Extradition Act 1988 had not come into operation.

• (2)

  Where a person is a former Act person because paragraph (d) of the definition of former Act person in section 3 applies, the provisions of the former Commonwealth Extradition Act or the former Foreign Extradition Act, as the case requires, referred to in that paragraph continue to apply in relation to the person as if this Act and the Extradition Act 1988 had not come into operation.

• (3)

  Where any proceedings under section 33A of the former Commonwealth Extradition Act or section 27A of the former Foreign Extradition Act had not concluded before the commencement time, that section continues to apply in relation to those proceedings as if this Act and the Extradition Act 1988 had not come into operation.

• (4)

  Any direction of the Attorney-General under the former Commonwealth Extradition Act or the former Foreign Extradition Act in relation to any article seized under that Act has effect as if this Act and the Extradition Act 1988 had not come into operation.

7Continued application of amended Acts in certain cases

• (1)

  For the purposes of the Administrative Decisions (Judicial Review) Act 1977:

  • (a)

    any decision under the former Commonwealth Extradition Act or the former Foreign Extradition Act in its application under subsection 6(1) or (2) shall be taken to be a decision included in a class set out in Schedule 1 to the Administrative Decisions (Judicial Review) Act 1977 and not to be a decision included in a class set out in Schedule 2 to that Act; and

  • (b)

    that Act continues to apply in relation to decisions under the former Commonwealth Extradition Act and the former Foreign Extradition Act made before the commencement time as if this Act and the Extradition Act 1988 had not come into operation.

• (2)

  Where any proceedings commence or are continued under the former Commonwealth Extradition Actor the former Foreign Extradition Act in its application under subsection 6(1), (2) or (3), the following provisions apply, or continue to apply, in relation to those proceedings as if this Act and the Extradition Act 1988 had not come into operation:

  • (a)

    section 15 of the Civil Aviation (Offenders on International Aircraft) Act 1970;

  • (b)

    section 18 of the Crimes (Hijacking of Aircraft) Act 1972;

  • (c)

    section 15 of the Crimes (Protection of Aircraft) Act 1973;

  • (d)

    section 6 and subsection 9(6) of the Director of Public Prosecutions Act 1983;

  • (e)

    sections 5B and 6L of the Telecommunications (Interception) Act 1979.

• (3)

  Where any proceedings for the extradition of a person from New Zealand to Australia had not concluded before the commencement time, sections 5B and 6L of the Telecommunications (Interception) Act 1979 apply, or continue to apply, in relation to those proceedings as if this Act and the Extradition Act 1988 had not come into operation.

8Application of Extradition Act 1988 to certain former Act instruments etc.

• (1)

  Where:

  • (a)

    either or both of the following conditions is or are satisfied in relation to a person:

    • (i)

      a warrant for the apprehension of the person was issued before the commencement time under subsection 14(1) of the former Commonwealth Extradition Act;

    • (ii)

      a requisition was made before the commencement time to the Attorney-General for the surrender of the person under that Act;

  • (b)

    the declared Commonwealth country referred to in that subsection or that made the requisition, as the case may be, is, immediately after the commencement time, an extradition country within the meaning of the Extradition Act 1988; and

  • (c)

    the person is not a former Act person;

then, for the purposes of the application of the Extradition Act 1988 in relation to the person:

• (d)

  if the warrant referred to in subparagraph (a)(i) was in force immediately before the commencement time—the warrant shall be taken to be in force immediately after the commencement time under subsection 12(1) of the Extradition Act 1988;

• (e)

  if the requisition referred to in subparagraph (a)(ii) was current immediately before the commencement time—the requisition shall be taken to be an extradition request current under the Extradition Act 1988 immediately after the commencement time;

• (f)

  if any notice was issued in relation to the person in accordance with paragraph 12(1)(a) or (b) of the former Commonwealth Extradition Actbefore the commencement time and had not been revoked before that time—the notice shall be taken to have been issued under subsection 16(1) of the Extradition Act 1988;

• (g)

  if any warrant issued under section 14B of the former Commonwealth Extradition Act in relation to an offence to which a requisition for the surrender of the person related was in force immediately before the commencement time—the warrant shall be taken to be in force immediately after the commencement time under section 14 of the Extradition Act 1988; and

• (h)

  if the person was on remand immediately before the commencement time under subsection 15(2) of the former Commonwealth Extradition Act—the person shall be taken to be on remand immediately after the commencement time under subsection 15(2) of the Extradition Act 1988.

• (2)

  Where:

  • (a)

    either or both of the following conditions is or are satisfied in relation to a person:

    • (i)

      a warrant for the apprehension of the person was issued before the commencement time under subsection 16(1) of the former Foreign Extradition Act;

    • (ii)

      a requisition was made before the commencement time to the Attorney-General for the surrender of the person under that Act;

  • (b)

    the foreign State referred to in that subsection or that made the requisition, as the case may be, is, immediately after the commencement time, an extradition country within the meaning of the Extradition Act 1988; and

  • (c)

    the person is not a former Act person;

then, for the purposes of the application of the Extradition Act 1988 in relation to the person:

• (d)

  if the warrant referred to in subparagraph (a)(i) was in force immediately before the commencement time—the warrant shall be taken to be in force immediately after the commencement time under subsection 12(1) of the Extradition Act 1988;

• (e)

  if the requisition referred to in subparagraph (a)(ii) was current immediately before the commencement time—the requisition shall be taken to be an extradition request current under the Extradition Act 1988 immediately after the commencement time;

• (f)

  if any notice was issued in relation to the person in accordance with paragraph 15(1)(a) or (b) of the former Foreign Extradition Act before the commencement time and had not been revoked before that time—the notice shall be taken to have been issued under subsection 16(1) of the Extradition Act 1988;

• (g)

  if any warrant issued under section 16B of the former Foreign Extradition Act in relation to an offence to which a requisition for the surrender of the person related was in force immediately before the commencement time—the warrant shall be taken to be in force immediately after the commencement time under section 14 of the Extradition Act 1988; and

• (h)

  if the person was on remand immediately before the commencement time under subsection 17(2) of the former Foreign Extradition Act—the person shall be taken to be on remand immediately after the commencement time under subsection 15(2) of the Extradition Act 1988.

• (3)

  Where:

  • (a)

    either or both of the following conditions is or are satisfied in relation to a person:

    • (i)

      a warrant for the apprehension of the person was indorsed before the commencement time under section 24 of the former Commonwealth Extradition Act;

    • (ii)

      a warrant for the apprehension of the person was issued before the commencement time under section 25 of that Act; and

  • (b)

    the person is not a former Act person;

then, for the purposes of the application of the Extradition Act 1988 in relation to the person:

• (c)

  if the warrant referred to in subparagraph (a)(i) was in force immediately before the commencement time—the warrant shall be taken to have been indorsed under subsection 28(1) of that Act;

• (d)

  if the warrant referred to in subparagraph (a)(ii) was in force immediately before the commencement time—the warrant shall be taken to be in force immediately after the commencement time under section 29 of that Act;

• (e)

  if any warrant issued under section 25B of the former Commonwealth Extradition Act in relation to the person was in force immediately before the commencement time—the warrant shall be taken to be in force immediately after the commencement time under section 31 of the Extradition Act 1988; and

• (f)

  if the person was on remand immediately before the commencement time under subsection 26(2) of the former Commonwealth Extradition Act—the person shall be taken to be on remand immediately after the commencement time under subsection 32(2) of the Extradition Act 1988.

• (4)

  Any certificate issued by the Attorney-General under section 32A of the former Commonwealth Extradition Actor section 25A of the former Foreign Extradition Acthas effect for the purposes of any proceedings under the Extradition Act 1988 as if the certificate were issued under section 52 of the last‑mentioned Act.

Schedule 1Amendments of Acts

Section 5

Administrative Decisions (Judicial Review) Act 1977

Schedule 1:

Add at the end the following paragraph:

• “(r)

  decisions under the Extradition Act 1988.”.

Paragraph (c) of Schedule 2:

Omit “Extradition (Commonwealth Countries) Act 1966” and “Extradition (Foreign States) Act 1966”.

Civil Aviation (Offenders on International Aircraft) Act 1970

Paragraphs 15(1)(c) and (d):

Omit the paragraphs, substitute the following word and paragraph:

• “or (c)

  the Extradition Act 1988.”.

Crimes (Hijacking of Aircraft) Act 1972

Paragraphs 18(1)(c) and (d):

Omit the paragraphs, substitute the following word and paragraph:

• “or (c)

  under the Extradition Act 1988.”.

Crimes (Protection of Aircraft) Act 1973

Paragraphs 15(1)(c) and (d):

Omit the paragraphs, substitute the following word and paragraph:

• “or (c)

  under the Extradition Act 1988.”.

Director of Public Prosecutions Act 1983

Paragraph 6(1)(k):

Omit “Extradition (Commonwealth Countries) Act 1966 or the Extradition (Foreign States) Act 1966”, substitute “Extradition Act 1988”.

Subsection 9(6):

Omit “Extradition (Commonwealth Countries) Act 1966, the Extradition (Foreign States) Act 1966”, substitute “Extradition Act 1988”.

Migration Act 1958

Subsection 11AB(1):

Before “Mutual Assistance in Criminal Matters Act 1987”, insert “Extradition Act 1988 or the”.

Telecommunications (Interception) Act 1979

Paragraph 5B(c):

Omit “section 33A of the Extradition (Commonwealth Countries) Act 1966 or section 27A of the Extradition (Foreign States) Act 1966”, substitute “section 43 of the Extradition Act 1988”.

Paragraph 5B(d):

Omit “New Zealand to Australia, or from”.

Notes to theExtradition (Repeal and Consequential Provisions) Act 1988

Note 1

The Extradition (Repeal and Consequential Provisions) Act 1988 as shown in this compilation comprises Act No. 5, 1988.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Extradition (Repeal and Consequential Provisions) Act 1988	5, 1988	9 Mar 1988	1 Dec 1988 (see s. 2 and Gazette 1998, No. S366)
Law and Justice Legislation Amendment Act 1988	120, 1988	14 Dec 1988	Ss. 32 and 33: (a)	—

(a) Subsection 2(5) of the Law and Justice Legislation Amendment Act 1988 provides as follows:

• (5)

  If this Act receives the Royal Assent after the commencement of the Extradition Act 1988, Part X of this Act shall be taken to have commenced immediately before that commencement.

 Sections 32 and 33 are taken to have commenced immediately before 1 December 1988.

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Schedule 1...........................	am. No. 120, 1988