EXTRADITION (FOREIGN STATES) AMENDMENT ACT 1976

No. 10 of 1977

An Act to amend the Extradition (Foreign States) Act 1966-1974.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1. (1) This Act may be cited as the Extradition (Foreign States) Amendment Act 1976.

(2) The Extradition (Foreign States) Act 1966-1974 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 (Foreign States) Act 1966-1976.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation.

3. Section 4 of the Principal Act is amended by inserting after subsection (5a) the following sub-section:—

“(5b) On and after the day on which the Convention referred to in the Crimes (Internationally Protected Persons) Act 1976 enters into force for Australia, an offence against a law of, or of a part of, a foreign state that is bound by that Convention, being an offence constituted by an act, including an act taking place in Australia, that is of a kind referred to in item 33a or item 35 in Schedule 1 and over which the foreign state is required by paragraph 1 of Article 3 of that Convention to establish its jurisdiction, shall, for the purposes of this Act—

(a) be deemed to be an extradition crime and to have been committed within the jurisdiction of the foreign state; and

(b) not be taken to be an offence that is, or is by reason of circumstances in which it is alleged to have been committed or was committed, an offence of a political character.”.

Schedule 1.

4. Schedule 1 to the Principal Act is amended by inserting after item 33 the following item:—

“33a. An act of a kind referred to in paragraph 1(a), (b) or (c) of Article 2 of the Convention referred to in the Crimes (Internationally Protected Persons) Act 1976.”.