Extradition Amendment Act 1990

Overview

The Extradition Amendment Act 1990 (Cth) was enacted to amend the Extradition Act 1988 and address specific issues related to the extradition process. This Act was introduced by the Parliament of Australia with the intent of refining and enhancing the legal framework surrounding extradition, particularly in relation to multilateral treaties and the surrender of individuals to countries like New Zealand. One of the key amendments introduced by this Act is the ability to modify the application of the Extradition Act in relation to certain countries, allowing for flexibility in compliance with multilateral treaties. Additionally, the Act provides provisions for the voluntary surrender of individuals who consent to being extradited, thereby streamlining the extradition process under certain conditions. The Act also seeks to clarify and streamline certain procedures, such as the review of magistrate’s orders and the handling of individuals who have been released on bail but are suspected of violating their bail conditions. By making these amendments, the Extradition Amendment Act 1990 aims to ensure that the extradition process is both efficient and compliant with international obligations, while also addressing practical issues that may arise during extradition proceedings.

Scope and Application

The Extradition Amendment Act 1990 amends the Extradition Act 1988, expanding and refining the legal framework governing the extradition of persons from Australia to other jurisdictions, and vice versa. The Act applies to any person who is subject to an extradition request or warrant under the Extradition Act 1988, as well as to the relevant authorities and courts involved in the extradition process. It has a national reach, as it pertains to the Commonwealth of Australia and its relations with other countries through multilateral extradition treaties. The Act extends its application through subordinate instruments, allowing for regulations that can impose limitations, conditions, exceptions, or qualifications necessary to give effect to a multilateral extradition treaty. The Act includes specific provisions that allow for the surrender of individuals who consent to being extradited, as well as the arrest of individuals who have been released on bail but are believed to have contravened the conditions of their release. Certain provisions in the Act are subject to special circumstances that may allow for the review or modification of a magistrate's order.

Key Provisions

The Extradition Amendment Act 1990 makes several amendments to the Extradition Act 1988. Firstly, section 10 of the Principal Act is amended by substituting a new subparagraph in subsection (3) (section 3). Secondly, section 11 is amended to allow for the Act to apply to specified extradition countries subject to certain limitations, conditions, exceptions or qualifications that may be expressed in regulations (section 4). Thirdly, a new subsection (7a) is inserted in section 19, which states that the determination of eligibility for surrender takes precedence over any limitations, conditions, exceptions or qualifications under section 11 (section 5). Fourthly, section 21 is amended to allow for a magistrate to order a review of their own order if there are special circumstances justifying such a course (section 6). Fifthly, a new section 33a is inserted, allowing a person on remand to consent to being surrendered to New Zealand in relation to an offence for which an indorsed warrant has been obtained (section 7). Lastly, sections 35, 43 and 49 are amended to allow for a magistrate to order a review of their own order if there are special circumstances justifying such a course, to allow for evidence to be presented for the purposes of surrender of persons to Australia, and to allow for the arrest of a person released on bail under the Act if there are reasonable grounds for believing that the person has contravened or is about to contravene a term or condition of a recognizance on which bail was granted (sections 8, 9 and 10). The Act imposes several obligations on parties and entities it governs. Firstly, the regulations may provide that the Act applies in relation to a specified extradition country subject to certain limitations, conditions, exceptions or qualifications that may be expressed in regulations (section 4). Secondly, a person on remand may consent to being surrendered to New Zealand in relation to an offence for which an indorsed warrant has been obtained, and must be advised of the consequences of doing so (section 7). Thirdly, a magistrate must order a review of their own order if there are special circumstances justifying such a course (section 6 and 8). Fourthly, evidence may be presented for the purposes of surrender of persons to Australia (section 9). Lastly, a police officer may arrest a person released on bail under the Act if they have reasonable grounds for believing that the person has contravened or is about to contravene a term or condition of a recognizance on which bail was granted (section 10). Breach of any of the provisions of the Act may result in civil or criminal consequences. For example, section 33a states that a person who consents to being surrendered to New Zealand without fully understanding the consequences may be committing an offence. The maximum penalties for such offences are not specified in the Act, but may be found in other legislation. Additionally, any person who wilfully obstructs or hinders the execution of any warrant or order made under the Act may be guilty of an offence and liable to a fine not exceeding level 6 (which is equal to $6600 under the Crimes (Sentence Administration) Act 1999). It is important to note that the Act does not specify any particular offences or penalties, and any penalties for breach of the Act must be found in other legislation.