Extradition (Commonwealth Countries) Act 1968

Legislation au C1968A00111 Not in force Act

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Extradition (Commonwealth Countries)

No. 111 of 1968

An Act to amend the Extradition (Commonwealth Countries) Act 1966.

[Assented to 2 December 1968]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1) This Act may be cited as the Extradition (Commonwealth Countries) Act 1968.

(2.) The Extradition (Commonwealth Countries) Act 1966 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Extradition (Commonwealth Countries) Act 1966–1968.

Commencement.

2.—(1.) Subject to the next succeeding sub-section, this Act shall come into operation on the day on which it receives the Royal Assent.

(2.) Sections 18 and 19 of this Act shall come into operation on such date as is, or on such dates as respectively are, fixed by Proclamation.

Parts

3. Section 3 of the Principal Act is amended by omitting the words—

“Part III.—Extradition to and from certain Commonwealth Countries neighbouring Australia (Sections 23–30).”

and inserting in their stead the words—

“Part III—Extradition to and from New Zealand (Sections 24–30).”.

Interpretation.

4. Section 4 of the Principal Act is amended—

(a) by omitting from the definition of “Australia” in sub-section (1.) the words “,including the Territory of Nauru”;

(b) by inserting in paragraph (b) of the definition of “extradition crime” in sub-section (1.), after the words “constituting which”, the words “,or equivalent to which,”;

(c) by omitting the definition of “Magistrate” in sub-section (1.) and inserting in its stead the following definition:—

“‘Magistrate’ means—

(a) a person who holds office as a Chief, Stipendiary, Police, Resident or Special Magistrate of a Territory; or

(b) a person who holds office as a Chief, Stipendiary, Police, Resident or Special Magistrate of a State and in respect of whom an arrangement in force under sub-section (1.) of section 31 of this Act is applicable;”;


(d) by omitting from the definition of “Territory” in sub-section (1.) the words “and includes the Territory of Nauru”;

(e) by omitting sub-section (4.); and

(f) by omitting from sub-section (6.) the words “or is a country in relation to which Part III. applies”.

Extension to external Territories.

5. Section 5 of the Principal Act is amended by omitting the words “,including the Territory of Nauru”.

Restrictions on power of Attorney-General to authorize the apprehension or order the surrender of a fugitive.

6. Section 11 of the Principal Act is amended—

(a) by omitting from sub-paragraph (i) of paragraph (a) of sub-section (3.) the word “other” and inserting in its stead the word “lesser”; and

(b) by omitting from sub-paragraph (i) of paragraph (b) of sub-section (3.) the words “an offence” and inserting in their stead the words “a lesser offence”.

Proceedings after apprehension of person.

7. Section 15 of the Principal Act is amended by omitting from subparagraph (i) of paragraph (b) of sub-section (6.) the words “committal for”.

Discharge of fugitive who is not conveyed out of Australia within two months.

8. Section 18 of the Principal Act is amended by omitting the word “Part” and inserting in its stead the word “Division”.

Person surrendered by Commonwealth country in respect of an offence not to be prosecuted or detained for other offences.

9. Section 22 of the Principal Act is amended—

(a) by omitting from sub-paragraph (i) of paragraph (a) the word “other” and inserting in its stead the word “lesser”; and

(b) by omitting from sub-paragraph (i) of paragraph (b) the words “an offence” and inserting in their stead the words “a lesser offence”.

Heading.

10. The heading to Part III. of the Principal Act is repealed and the following heading inserted in its stead:—

“Part III.—Extradition to and from New Zealand.”.

Countries in relation to which Part III. applies.

11. Section 23 of the Principal Act is repealed.

Indorsement of warrants.

12. Section 24 of the Principal Act is amended by omitting from sub-section (1.) the words “a country in relation to which this Part applies” and inserting in their stead the words “New Zealand”.

Proceedings after apprehension of person.

13. Section 26 of the Principal Act is amended—

(a) by omitting from sub-section (5.) the words “the country in which the warrant referred to in section 24 of this Act was issued” and inserting in their stead the words “New Zealand”;


(b) by omitting from sub-section (5.) the words “bringing that warrant” and inserting in their stead the words “bringing the warrant referred to in section 24 of this Act”; and

(c) by omitting from sub-section (6.) the words “the country referred to in the last preceding sub-section” and inserting in their stead the words “New Zealand”.

Restriction on power of Magistrate to order surrender of person.

14. Section 27 of the Principal Act is amended by omitting the words “a country in relation to which this Part applies “and inserting in their stead the words “New Zealand”.

Review of order of Magistrate.

15. Section 28 of the Principal Act is amended by omitting from paragraph (b) of sub-section (1.) the words “a country in relation to which this Part applies “and inserting in their stead the words “New Zealand”.

Discharge of person who is not conveyed out of Australia within one month.

16. Section 29 of the Principal Act is amended by omitting the words “a country in relation to which this Part applies” and inserting in their stead the words “New Zealand”.

Persons surrendered from New Zealand.

17. Section 30 of the Principal Act is amended by omitting the words “a country in relation to which this Part applies” and inserting in their stead the words “New Zealand”.

18. After section 33 of the Principal Act the following section is inserted:—

Magistrate may take evidence.

“33a. Where a warrant has been issued in Australia for the apprehension of a person accused of an extraditable crime and that person is, or is suspected of being, in a declared Commonwealth country or within the jurisdiction of, or of a part of, a declared Commonwealth country, a Magistrate may, as prescribed, take evidence in Australia for transmission to that country for use in any proceedings in that country for the surrender of the person to Australia.”.

First Schedule.

19. The First Schedule to the Principal Act is amended by inserting after paragraph 9 the following paragraph:—

“9a Any offence referred to in Article 1 or 2 of the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, being the Convention approved by the General Assembly of the United Nations on the second day of December, 1949.”.

Second Schedule.

20. The Second Schedule to the Principal Act is amended—

(a) by omitting from Forms 1, 2, 3, 4, 5, 7 and 9 the words “[or a Magistrate of the District Court of the Island of Nauru]”;

(b) by omitting from Forms 3, 4, 7 and 8 the words “or, in the case of the Territory of Nauru, before a Magistrate of the District Court of the Island of Nauru”; and

(c) by inserting in Form 9, after the words “the law of” (wherever occurring) and after the words “be surrendered to” (wherever occurring), the words “New Zealand”.

Overview

The Extradition (Commonwealth Countries) Act 1968, enacted by the Parliament of Australia, amends the Extradition (Commonwealth Countries) Act 1966 to update and refine the legal framework for the extradition of fugitives between Australia and certain Commonwealth countries, with a particular focus on New Zealand. This Act addresses the need for a more streamlined and specific process for handling extradition requests, particularly in relation to New Zealand, by updating definitions, clarifying jurisdictional terms, and restricting the scope of offences for which extradition can be sought. The policy objective is to enhance the efficiency and effectiveness of the extradition process while ensuring that it aligns with contemporary legal standards and international conventions.

Scope and Application

The Extradition (Commonwealth Countries) Act 1968 is an amendment to the Extradition (Commonwealth Countries) Act 1966, aimed at refining the legal framework for extradition between Australia and certain Commonwealth countries, specifically New Zealand. This Act applies to individuals who are fugitives from justice in Australia or New Zealand, and to the authorities involved in the extradition process within these countries. The scope of the Act includes the amendment of various sections to clarify definitions, restrict powers, and adjust procedures concerning extradition, specifically targeting New Zealand. The Act extends its jurisdiction to the Commonwealth of Australia, excluding the Territory of Nauru, and does not include provisions that would apply to the Territory of Nauru as previously stipulated. The Act's amendments refine the interpretation of terms such as "Australia," "extradition crime," and "Magistrate," and adjust the procedures and restrictions related to the extradition process, including the discharge of fugitives if not conveyed out of the country within specified timeframes. The Act also introduces new provisions allowing Magistrates to take evidence in Australia for use in extradition proceedings in New Zealand. The Act comes into effect upon receiving Royal Assent, with specific sections commencing on dates fixed by proclamation.

Key Provisions

The Extradition (Commonwealth Countries) Act 1968 amends the Extradition (Commonwealth Countries) Act 1966, primarily to refine and update the extradition process between Australia and New Zealand. The key operative sections of the Act include changes to the definitions of terms (Section 4), the scope of the Act (Section 5), and the specific provisions regarding the apprehension and surrender of fugitives (Sections 6 to 19). The Act also introduces new provisions, such as allowing a Magistrate to take evidence for use in proceedings in New Zealand (Section 33a), and updates the list of extraditable offences to include those related to trafficking in persons (First Schedule). The Act imposes obligations on several parties involved in the extradition process. For instance, the Attorney-General is restricted in their power to authorise the apprehension or order the surrender of a fugitive (Section 6). Similarly, Magistrates have specific limitations on their authority to order the surrender of a person (Section 14). Additionally, there are clear timelines stipulated for the proceedings after apprehension and for the conveyance of a person out of Australia (Sections 7 and 8). Violations of the Act can lead to various legal consequences. For instance, if a fugitive is not conveyed out of Australia within the prescribed time limits, they must be discharged (Section 8). The Act does not explicitly enumerate penalties for breaches of its provisions, but it is reasonable to infer that failure to comply with the stipulated procedures and timelines could result in legal actions to enforce compliance or rectify the breaches. The Act focuses more on procedural correctness and ensuring that the extradition process is conducted within a lawful and structured framework.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.