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Extradition (Foreign States) Act 1966

Act No. 66 of 1966 as amended, taking into account amendments up to Act No. 216 of 1973
Registered 25 Nov 2009
Start Date 31 Dec 1973
End Date 24 Jul 1974
Date of repeal 01 Dec 1988
Repealed by Extradition (Repeal and Consequential Provisions) Act 1988

EXTRADITION (FOREIGN STATES) ACT 1966
- Reprinted as at 19 December 1973 (HISTACT2 CHAP 35 #DATE 19:12:1973)

EXTRADITION (FOREIGN STATES) ACT 1966 - TABLE OF PROVISIONS

TABLE


EXTRADITION (FOREIGN STATES) ACT 1966

TABLE OF PROVISIONS

PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. (Repealed)
4. Interpretation
5. Extension of Act to external Territories
6. Exclusion of other laws
7, 8. (Repealed)

PART II-APPLICATION OF ACT

9. Application of Act in relation to foreign states to which
Extradition Acts, 1870 to 1935 applied
10. Act may be applied in relation to foreign state by regulation
11. Effect of regulations applying Act in relation to foreign state

PART III-EXTRADITION TO FOREIGN STATES

12. Liability of fugitive to be surrendered
13. Restrictions on surrender of persons to foreign states
14. Restriction on power of Attorney-General to authorize the
apprehension, or order the surrender, of a fugitive
15. Notice by Attorney-General
16. Issue of warrants
17. Proceedings after apprehension of person
18. Surrender of fugitive to foreign state
18A. Transit
19. Discharge of fugitive who is not conveyed out of Australia within
two months

PART IV-EXTRADITION FROM FOREIGN STATES

20. Definition
21. Requisition to foreign state for surrender of person to be made by
Attorney-General
22. Person surrendered may be brought into Australia
23. Persons surrendered by foreign state in respect of an offence not to
be prosecuted or detained for other offences

PART V-MISCELLANEOUS

24. Arrangements between Governor-General and Governors of States
25. Jurisdiction of State courts preserved
26. Foreign documents may be admitted in evidence if duly authenticated
27. Taking of evidence in respect of criminal matter pending in courts
of foreign states
27A. Taking of evidence for purposes of extradition
28. Conditions of imprisonment
29. Application of Removal of Prisoners (Territories) Act
29A. Application of Removal of Prisoners (Australian Capital Territory)
Act
30. Forms need not be strictly complied with
31. Regulations

SCHEDULE 1

Offences

SCHEDULE 2

Forms

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 1.
Short title.

SECT

EXTRADITION (FOREIGN STATES) ACT

1966
An Act relating to the Extradition of Criminals to and from Foreign States.

PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Extradition (Foreign States) Act 1966.*

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 2.
Commencement.

SECT

2. This Act shall come into operation on a date to be fixed by Proclamation.*
Section 3 repealed by No. 216, 1973, s. 3.
* * * * * * * *

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 4.
Interpretation.

SECT

Sub-section (1) amended by No. 112, 1968, s. 3; No. 171, 1973, ss. 5 and 23; and No. 216, 1973, s. 3.
4. (1) In this Act, unless the contrary intention appears-

''Australia'', when used in a geographical sense, includes all the Territories;

''extradition treaty'' means a treaty relating to the surrender of fugitives;

''foreign warrant'' means a judicial or other document issued under the law of, or of a part of, a foreign state and authorizing the apprehension of a person;

''fugitive'' means a person accused of an extradition crime that is alleged to have been committed, or convicted of an extradition crime that was committed, at a place in a foreign state or within the jurisdiction of, or of a part of, a foreign state;

''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 24 is applicable;

''prison'' includes a gaol, lock-up or other place of detention;

''treaty'' includes a convention, agreement or arrangement.
Inserted by No. 171, 1973, s. 5.

(1A) An offence against the law of, or of a part of, a foreign state is an extradition crime for the purposes of this Act if, and only if, the act or omission constituting the offence or the equivalent act or omission, or, where the offence is constituted by two or more acts or omissions, any of those acts or omissions or any equivalent act or omission, would, if it took place in, or within the jurisdiction of, the part of Australia where the person accused or convicted of the offence is found, constitute an offence against the law in force in that part of Australia that-

(a) is described in Schedule 1; or

(b) would be so described if the description concerned contained a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence.

(2) A reference in this Act to a fugitive from a foreign state shall be read as a reference to a fugitive accused of an extradition crime that is alleged to have been committed, or convicted of an extradition crime that was committed, at a place in that state or within the jurisdiction of, or of a part of, that state.
Substituted by No. 171, 1973, s. 5.

(3) Where-

(a) a person has been convicted in his absence of an offence against the law of, or of a part of, a foreign state; and

(b) the conviction is not a final conviction,
then, for the purposes of this Act, the person shall be deemed not to have been convicted of that offence but shall be deemed to be accused of that offence.

(4) For the purposes of this Act, an offence against the law of a foreign state may be regarded as being an offence of a political character notwithstanding that there are not competing political parties in that state.
Omitted by No. 112, 1968, s. 3; inserted by No. 103, 1972, s. 3; amended by No. 171, 1973, s. 23.

(5) On and after the day on which the Convention for the Suppression of Unlawful Seizure of Aircraft (being the Convention referred to in the Crimes (Hijacking of Aircraft) Act 1972) 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 32 or item 35 in Schedule 1 and over which the foreign state is required by paragraph 1 of Article 4 of that Convention to establish its jurisdiction, shall, for the purposes of this Act, be deemed to be an extradition crime and to have been committed within the jurisdiction of the foreign state.
Inserted by No. 171, 1973, s. 5.

(5A) On and after the day on which the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (being the Convention referred to in the Crimes (Protection of Aircraft) Act 1973) 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 33 or item 35 in Schedule 1 and over which the foreign state is required by paragraph 1 of Article 5 of that Convention to establish its jurisdiction, shall, for the purposes of this Act, be deemed to be an extradition crime and to have been committed within the jurisdiction of the foreign State.

(6) For the purposes of this Act-

(a) a colony, territory or protectorate of a foreign state;

(b) a territory for the international relations of which a foreign state is responsible; and

(c) a ship or aircraft of, or registered in, a foreign state,
shall, unless the contrary intention appears, each be deemed to be within the jurisdiction, and to be part, of that foreign state.
Added by No. 171, 1973, s. 5.

(7) For the purposes of this Act, the territorial sea of, and the airspace over, a foreign state shall, unless the contrary intention appears, be deemed to be within the jurisdiction of that foreign state.
Added by No. 171, 1973, s. 5.

(8) Where an act or omission by a person that took place outside a foreign state was an offence against the law of, or of a part of, that state, the offence shall be deemed, for the purposes of this Act, to have been committed within the jurisdiction of that state if a similar act or omission by an Australian citizen that took place outside Australia would be an offence against a law of the Commonwealth.
Added by No. 171, 1973, s. 5.

(9) For the purposes of this Act-

(a) an offence against the law of, or of a part of, a foreign state, being an offence against the law relating to genocide; or

(b) an offence against the law of, or of a part of, a prescribed foreign state, being an offence that is constituted by the taking of the life of the head of state of that foreign state or of a member of his family, by aiding, abetting, counselling or procuring, or being an accessory before or after the fact to, the taking of the life of such a person or by attempting or conspiring to take the life of such a person,
shall not be taken to be an offence that is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character.
Added by No. 171, 1973, s. 5.

(10) The following foreign states are prescribed foreign states for the purposes of paragraph (b) of sub-section (9):-

(a) Ireland, provided that Ireland is a foreign state in relation to which this Act applies; and

(b) any other foreign state that is declared by the regulations to be a prescribed foreign state for the purposes of that paragraph.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 5.
Extension of Act to external Territories.

SECT

Substituted by No. 171, 1973, s. 6; amended by No. 216, 1973, s. 3.
5. This Act extends to all the external Territories.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 6.
Exclusion of other laws.

SECT

6. (1) Subject to the next succeeding sub-section, this Act excludes the operation of-

(a) the Imperial Acts known as the Extradition Acts, 1870 to 1935; and

(b) any other laws relating to extradition that were in force in a Territory immediately before the commencement of this Act.

(2) Nothing in this Act excludes the operation of the Imperial Act known as the Fugitive Offenders Act, 1881.
Section 7 repealed by No. 216, 1973, s. 3; section 8 repealed by No. 171, 1973, s. 7.
* * * * * * * *

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 9.
Application of Act in relation to foreign states to which Extradition Acts,
1870 to 1935 applied.

SECT

PART II-APPLICATION OF ACT
9. (1) Where, immediately before the commencement of this Act-

(a) under an Order in Council in force under the Imperial Acts known as the Extradition Acts, 1870 to 1935, those Acts applied in the case of a foreign state specified in the Order; and

(b) those Acts, as they so applied, extended to the Commonwealth,
this Act applies in relation to that state.

(2) If the operation of the Order was subject to any limitations, conditions, exceptions or qualifications, then, subject to this Part, this Act applies in relation to that state subject to those limitations, conditions, exceptions or qualifications.
Amended by No. 171, 1973, s. 23.

(3) The regulations may provide that this Act ceases to apply in relation to a foreign state specified in the regulations, being a foreign state in relation to which this Act applied by virtue of sub-section (1), and, upon the coming into force of a regulation that so provides, this Act ceases to apply in relation to that state.

(4) The coming into force of a regulation made for the purposes of the last preceding sub-section in relation to a foreign state does not prevent this Act from again applying in relation to that state by virtue of a regulation made for the purposes of the next succeeding section.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 10.
Act may be applied in relation to foreign state by regulation.

SECT

Sub-section (1) amended by No. 171, 1973, s. 8.
10. (1) Where, after the commencement of this Act, an extradition treaty (including an extradition treaty that affects or amends an earlier extradition treaty) comes into force between Australia and a foreign state-

(a) if this Act applies in relation to the foreign state at the time of coming into force of that treaty-the regulations may provide that this Act applies in relation to that state after that time subject to such limitations, conditions, exceptions or qualifications as are necessary or desirable to give effect to that treaty and are specified in the regulations; or

(b) if this Act does not apply in relation to the foreign state at the time of coming into force of that treaty-the regulations may provide that this Act applies in relation to that state after that time and may also provide that it so applies subject to such limitations, conditions, exceptions or qualifications as are necessary or desirable to give effect to that treaty and are specified in the regulations.
Amended by No. 171, 1973, s. 8.

(2) The limitations, conditions, exceptions or qualifications referred to in the last preceding sub-section may, in relation to a foreign state, be expressed in the form that this Act applies in relation to that state subject to the extradition treaty referred to in that sub-section or, if that extradition treaty affects or amends an earlier extradition treaty, subject to that earlier extradition treaty as affected or amended by the later extradition treaty.
Added by No. 112, 1968, s. 5; amended by No. 103, 1972, s. 4; and No. 171, 1973, s.8.

(3) Where, after the commencement of this sub-section, a treaty (other than an extradition treaty) that contains provisions relating to the surrender of fugitives comes into force between Australia and a foreign state, the last two preceding sub-sections apply for the purpose of giving effect to that treaty in so far as it relates to the surrender of fugitives in like manner as they apply for the purpose of giving effect to an extradition treaty.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 11.
Effect of regulations applying Act in relation to foreign state.

SECT

11. (1) Subject to the next succeeding sub-section, where the regulations for the time being in force provide that this Act applies in relation to a foreign state, this Act applies in relation to that state.

(2) Where the regulations for the time being in force provide that this Act applies in relation to a foreign state subject to any limitations, conditions, exceptions or qualifications, this Act applies in relation to that state subject to those limitations, conditions, exceptions or qualifications.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 12.
Liability of fugitive to be surrendered.

SECT

PART III-EXTRADITION TO FOREIGN STATES
12. Where this Act applies in relation to a foreign state, every fugitive from that state is liable, subject to this Act and to any limitations, conditions, exceptions or qualifications to which the application of this Act in relation to that state is subject, to be apprehended and surrendered to that state as provided by this Act and is so liable whether the offence to which the requisition for the surrender of the fugitive relates is alleged to have been committed, or was committed, before or after the commencement of this Act or before or after the time when this Act commenced to apply in relation to that state.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 13.
Restrictions on surrender of persons to foreign states.

SECT

13. (1) A person is not liable to be surrendered to a foreign state if the offence to which the requisition for his surrender relates is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character.
Substituted by No. 171, 1973, s. 9.

(2) A person is not liable to be surrendered to a foreign state unless provision is made by a law of that state, or by a treaty in force between Australia and that state, or that state has given an undertaking, by virtue of which the person will not, unless he has left, or had an opportunity of leaving, that state-

(a) be detained or tried in that state for any offence that is alleged to have been committed, or was committed, before his surrender other than-

(i) the offence to which the requisition for his surrender relates or any other offence of which he could be convicted upon proof of the facts on which that requisition was based; or

(ii) any other extradition crime in respect of which the Attorney-General consents to his being so detained or tried, as the case may be; or

(b) be detained in that state for the purpose of his being surrendered to another country for trial or punishment for any offence that is alleged to have been committed, or was committed, before his surrender to that state other than-

(i) an offence of which he could be convicted upon proof of the facts on which the requisition referred to in paragraph (a) was based; or

(ii) any other offence described in Schedule 1 in respect of which the Attorney-General consents to his being so detained.

(3) A person who is held in custody, or has been admitted to bail, in Australia in respect of an offence that is alleged to have been committed in Australia, or is undergoing a sentence for a conviction in Australia, is not liable to be surrendered to a foreign state until he has been discharged from custody, or the recognizances upon which he was admitted to bail have been discharged, as the case may be, whether as a result of his acquittal, on the expiration of his sentence or otherwise.

(4) A person is not liable to be surrendered to a foreign state in respect of an offence if he has been acquitted or pardoned by a competent tribunal or authority in any country, or has undergone the punishment provided by the law of, or of a part of, any country, in respect of that offence or of another offence constituted by the same act or omission as that offence.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 14.
Restriction on power of Attorney-General to authorize the apprehension, or
order the surrender, of a fugitive.

SECT

Amended by No. 171, 1973, ss. 10 and 23.
14. The Attorney-General shall not give a notice under sub-section (1) of the next succeeding section, or issue a warrant under sub-section (2) of section 18, in respect of a fugitive from a foreign state in relation to which section 10 applies, if there are substantial grounds for believing that-

(a) the requisition for the surrender of the fugitive, although purporting to have been made in respect of an offence for which, but for this section, he would be liable to be surrendered to that state, was made for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions; or

(b) if the fugitive is surrendered to that state, he may be prejudiced at his trial, or punished, detained or restricted in his personal liberty, by reason of his race, religion, nationality or political opinions.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 15.
Notice by Attorney-General.

SECT

Sub-section (1) amended by No. 171, 1973, s. 23.
15. (1) Subject to the next succeeding sub-section, where a requisition for the surrender of a fugitive who is, or is suspected of being, in Australia is made to the Attorney-General by a foreign state, the Attorney-General may, in his discretion-

(a) if a warrant for the apprehension of the fugitive has not been issued under the next succeeding section-by notice in writing in accordance with Form 1 in Schedule 2 and directed to a Magistrate, inform the Magistrate that the requisition has been made and authorize him to issue a warrant for the apprehension of the fugitive; or

(b) if a warrant for the apprehension of the fugitive has been issued under the next succeeding section and a person has been apprehended under the warrant-by notice in writing in accordance with Form 2 in Schedule 2 and directed to a Magistrate before whom the person may be brought, inform the Magistrate that the requisition has been made.

(2) If the Attorney-General is of the opinion that the fugitive is not liable to be surrendered to the foreign state, he shall not give a notice under the last preceding sub-section in respect of the fugitive.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 16.
Issue of warrants.

SECT

Sub-section (1) amended by No. 171, 1973, s. 23.
16. (1) Where-

(a) a Magistrate is authorized by the Attorney-General by a notice under paragraph (a) of sub-section (1) of the last preceding section to issue a warrant for the apprehension of a fugitive; or

(b) an application is made as prescribed to a Magistrate for the issue of a warrant for the apprehension of a fugitive who is, or is suspected of being, in Australia,
and there is produced to the Magistrate such evidence as would, in his opinion, according to the law in force in the State or Territory of which he is a Magistrate, justify-

(c) the apprehension of the fugitive by a member of the Police Force of that State or Territory without the issue of a warrant; or

(d) the issue of a warrant for the apprehension of the fugitive,
if the act or omission constituting the extradition crime had taken place in, or within the jurisdiction of, that State or Territory, the Magistrate shall issue a warrant for the apprehension of the fugitive in accordance with Form 3 or Form 4, as the case may be, in Schedule 2.

(2) A warrant issued under this section may be executed in any State or Territory.

(3) Where a Magistrate issues a warrant under this section without having been authorized by the Attorney-General by a notice under paragraph (a) of sub-section (1) of the last preceding section to issue the warrant, the Magistrate shall forthwith send to the Attorney-General a report stating that he has issued the warrant and the evidence produced to him on the application for the warrant.

(4) It is a sufficient compliance with the last preceding sub-section in relation to any evidence consisting of testimony given on oath, or declared or affirmed to be true, by a person if-

(a) where the testimony was given in writing-the Magistrate sends to the Attorney-General a copy of that writing certified by him to be a true copy; or

(b) where the testimony was given orally-

(i) if the testimony has been reduced to writing-the Magistrate sends to the Attorney-General that writing certified by him to be a true record of the testimony; or

(ii) if the testimony has not been reduced to writing-the Magistrate sends to the Attorney-General the notes made by the Magistrate in respect of the testimony and certified by him to be a true summary of the testimony.

(5) Where the Attorney-General-

(a) receives a report of the issue of a warrant and the evidence as provided by the last two preceding sub-sections; or

(b) otherwise becomes aware of the issue of such a warrant, he may, if he thinks fit, by order in writing, direct that the warrant be cancelled.

(6) Where a person has been apprehended under a warrant that is so directed to be cancelled-

(a) if the person is held in custody-the person holding him in custody shall, upon receipt of the order, cause him to be released; or

(b) if he has been admitted to bail-the recognizances upon which he was admitted to bail are, by force of this sub-section, discharged.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 17.
Proceedings after apprehension of person.

SECT

17. (1) A person who is apprehended under a warrant issued in pursuance of the last preceding section shall, unless he is sooner released, be brought as soon as practicable before a Magistrate in the State or Territory in which he is apprehended.
Amended by No. 171, 1973, s. 11.

(2) Subject to sub-section (2A), a Magistrate may remand a person brought before him under this section, either in custody or on bail, for a period or periods not exceeding seven days at any one time and, where a Magistrate remands a person for such a period, the person may, at the expiration of the period, be brought before that Magistrate or before any other Magistrate.
Inserted by No. 171, 1973, s. 11.

(2A) The period for which a person brought before a Magistrate under this section may be remanded by the Magistrate may, if the person consents, be a period exceeding seven days.
Amended by No. 171, 1973, s. 23.

(3) In the application of the succeeding sub-sections in relation to a person who has been apprehended under a warrant issued in pursuance of the last preceding section, the expression ''the Magistrate'' means the Magistrate before whom the person is brought after he was apprehended or at the expiration of a period for which he has been remanded under this section, as the case may be.
Amended by No. 171, 1973, ss. 11 and 23.

(4) If the person was apprehended under a warrant issued otherwise than in pursuance of an authority by the Attorney-General in a notice under paragraph (a) of sub-section (1) of section 15, the Magistrate shall remand the person in accordance with sub-sections (2) and (2A) of this section until the Magistrate receives a notice under paragraph (b) of sub-section (1) of section 15 from the Attorney-General informing the Magistrate that a requisition for the surrender of the person has been made to the Attorney-General by a foreign state.
Amended by No. 171, 1973, s. 11.

(5) Where the Magistrate does not receive such a notice within such time as is reasonable having regard to all the circumstances including the provisions of any extradition treaty in force between Australia and the foreign state in which, or within the jurisdiction of which or of a part of which, the person is alleged to have committed, or has committed, an extradition crime, the Magistrate shall-

(a) if the person apprehended is held in custody-order that he be released; or

(b) if he has been admitted to bail-make an order discharging the recognizances upon which he was admitted to bail.
Amended by No. 112, 1968, s. 6; and No. 171, 1973, s. 23.

(6) If the person was apprehended under a warrant issued in pursuance of an authority by the Attorney-General in a notice under paragraph (a) of sub-section (1) of section 15 or the Magistrate receives a notice by the Attorney-General under paragraph (b) of that sub-section and-

(a) there is produced to the Magistrate a duly authenticated foreign warrant in respect of the person issued in the foreign state that made the requisition for the surrender of the person;

(b) there is produced to the Magistrate-

(i) in the case of a person who is accused of an extradition crime-such evidence as would, in the opinion of the Magistrate, according to the law in force in the State or Territory of which he is a Magistrate, justify the trial of the person if the act or omission constituting that crime had taken place in, or within the jurisdiction of, that State or Territory; or

(ii) in the case of a person who is alleged to have been convicted of an extradition crime-sufficient evidence to satisfy the Magistrate that the person has been convicted of that crime; and

(c) the Magistrate is satisfied, after hearing any evidence tendered by the person, that the person is liable to be surrendered to the foreign state that made the requisition for the surrender,
the Magistrate shall, by warrant in accordance with Form 5 in Schedule 2, commit the person to prison to await the warrant of the Attorney-General for his surrender but otherwise shall order that the person be released.
Amended by No. 171, 1973, s. 23.

(7) Where the Magistrate is of the opinion that it would be dangerous to the life or prejudicial to the health of the person to commit him to prison, he may, in lieu of committing him to prison, by warrant, order that he be held in custody at the place where he is for the time being, or at any other place to which the Magistrate considers that he can be removed without danger to his life or prejudice to his health, until such time as he can without such danger or prejudice be committed to prison or he is surrendered and, in such a case, the warrant shall be in accordance with Form 5 in Schedule 2 with such variations as are necessary to meet the circumstances of the case.

(8) Where, in pursuance of this section, a Magistrate commits a person to prison or otherwise orders that he be held in custody, he shall forthwith send to the Attorney-General a certificate to that effect and such report, if any, relating to the proceedings as he thinks fit.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 18.
Surrender of fugitive to foreign state.

SECT

18. (1) When, in pursuance of this Act, a Magistrate commits a person (in this section referred to as ''the prisoner'') to prison, or otherwise orders that he be held in custody, to await the warrant of the Attorney-General for his surrender to a foreign state, the Magistrate shall inform the prisoner that he will not be surrendered until after the expiration of the period of fifteen days from the date of the committal or order and that, if he asserts that his detention is unlawful, he may apply to a court of competent jurisdiction for a writ of habeas corpus.
Amended by No. 171, 1973, s. 23.

(2) After-

(a) the expiration of the period referred to in the last preceding sub-section; or

(b) if, within that period, an application for a writ of habeas corpus is made by the prisoner and the court to which the application is made or, where an appeal is brought from the decision of that court to another court, the other court does not order that the prisoner be released-the expiration of the period of fifteen days from the date of the decision of the first-mentioned court or the appellate court, as the case may be,
whichever is the later, the Attorney-General may, in his discretion, if he is satisfied that the prisoner is liable to be surrendered to the foreign state, by warrant in accordance with Form 6 in Schedule 2 or, where the prisoner is held in custody otherwise than at a prison, in accordance with that Form with such variations as are necessary to meet the circumstances of the case, order that the prisoner be delivered into the custody of a person specified in the warrant and be conveyed by that person to a place in the foreign state or within the jurisdiction of, or of a part of, the foreign state and there surrendered to some person appointed by the foreign state to receive him.

(3) A warrant issued in pursuance of the last preceding sub-section may be executed according to its tenor.

(4) If the prisoner escapes from the custody of the person executing the warrant in or to a State or Territory, he may be retaken in the same manner as a person accused of an offence against the law in force in that State or Territory may be retaken upon an escape from lawful custody.
Substituted by No. 171, 1973, s. 12.

(5) Any article, including a sum of money, that may be material as evidence in proving the offence to which the requisition for the surrender of the prisoner relates or that has been acquired by the prisoner as a result of the offence shall, if the Attorney-General so directs, be delivered up with the prisoner on his surrender.
Added by No. 171, 1973, s. 12.

(6) If the prisoner cannot be surrendered by reason of his death or escape from custody, any article referred to in sub-section (5) shall, if the Attorney-General so directs, be delivered up to the foreign state.
Added by No. 171, 1973, s. 12.

(7) If, at any time after the prisoner has been committed to prison, or otherwise ordered to be held in custody, by a Magistrate to await the warrant of the Attorney-General for his surrender to a foreign state, the Attorney-General decides not to issue such a warrant, the Attorney-General shall, by order in writing, direct that the prisoner be released.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 18A.
Transit.

SECT

Inserted by No. 171, 1973, s. 13.
18A. (1) Where, in pursuance of an extradition treaty in force between Australia and a foreign state, a person (in this section referred to as the ''prisoner'') is to be transported through Australia for the purpose of his being surrendered by another country to that foreign state-

(a) the prisoner may be transported through Australia in the custody of another person for the purpose of being so surrendered; and
(b) if an aircraft or ship by which the prisoner is being transported lands or calls at a place in Australia-a Magistrate may, if he is of the opinion that it is necessary or desirable to do so, by warrant in accordance with Form 7 in Schedule 2, order a person specified in the warrant to hold the prisoner in custody until his transportation is continued.

(2) Where a person is being held in custody in pursuance of a warrant by a Magistrate under paragraph (b) of sub-section (1) and his transportation is not continued within such time as is reasonable having regard to all the circumstances, the Attorney-General may, if he thinks fit, by order in writing, direct that the person be released.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 19.
Discharge of fugitive who is not conveyed out of Australia within two months.

SECT


19. (1) Where a person who, in pursuance of this Part, has been committed to prison, or otherwise ordered to be held in custody, is in custody in Australia at the expiration of two months after-

(a) the date of the committal or order; or

(b) if an application for a writ of habeas corpus has been made by the person-the date of the decision of the court to which the application was made or, where an appeal has been brought from that decision to another court, the date of the decision of the other court,
whichever is the later, the Supreme Court of the State or Territory in which the person is held in custody, upon application made to it by the person and upon proof that reasonable notice of the intention to make the application has been given to the Attorney-General, shall, unless reasonable cause is shown for the delay, order that the person be released.

(2) The Supreme Court of each State is invested with federal jurisdiction, and jurisdiction is conferred upon the Supreme Court of each Territory, to hear and determine applications under this section.
Sub-section (3) omitted by No. 171, 1973, s. 14.
* * * * * * * *

(4) The jurisdiction of a Court for the purposes of this section may be exercised by the Court constituted by a single Judge.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 20.
Definition.

SECT

PART IV-EXTRADITION FROM FOREIGN STATES
Amended by No. 171, 1973, s. 23.
20. In this Part, ''extraditable crime'' means an offence (wherever committed) against the law in force in Australia or in a part of Australia, being an offence that-

(a) is described in Schedule 1; or

(b) would be so described if the description concerned contained a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 21.
Requisition to foreign state for surrender of person to be made by

SECT

Attorney-General.
21. Where a person accused or convicted of an extraditable crime is, or is suspected of being, in a foreign state or within the jurisdiction of, or of a part of, a foreign state, the Attorney-General may make a requisition to that state for the surrender of the person.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 22.
Person surrendered may be brought into Australia.

SECT

22. Where a person accused or convicted of an extraditable crime is surrendered by a foreign state, the person may be brought into Australia and delivered to the proper authorities to be dealt with according to law.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 23.
Persons surrendered by foreign state in respect of an offence not to be
prosecuted or detained for other offences.

SECT

Substituted by No. 171, 1973, s. 15.
23. Where a person accused or convicted of an extraditable crime is surrendered by a foreign state, the person shall not, unless he has left, or has had an opportunity of leaving, Australia-

(a) be detained or tried in Australia for any offence that is alleged to have been committed, or was committed, before his surrender other than-

(i) the offence to which the requisition for his surrender relates or any other offence of which he could be convicted upon proof of the facts on which that requisition was based; or

(ii) any other extraditable crime in respect of which that state consents to his being so detained or tried, as the case may be; or

(b) be detained in Australia for the purpose of his being surrendered to another country for trial or punishment for any offence that is alleged to have been committed, or was committed, before his surrender to Australia other than-

(i) an offence of which he could be convicted upon proof of the facts on which the requisition referred to in paragraph (a) was based; or

(ii) any other offence described in Schedule 1 in respect of which the foreign state by which he was surrendered to Australia consents to his being so detained.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 24.
Arrangements between Governor-General and Governors of States.

SECT

PART V-MISCELLANEOUS
24. (1) The Governor-General may arrange with the Governor of a State for the performance by all or any of the persons who from time to time hold office as Chief, Stipendiary, Police, Resident or Special Magistrates of that State of the functions of a Magistrate under this Act.

(2) A copy of each arrangement made under this section shall be published in the Gazette.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 25.
Jurisdiction of State courts preserved.

SECT

25. A matter arising under an extradition treaty shall, for the purposes of section 38 of the Judiciary Act 1903-1966, be deemed not to be a matter arising directly under a treaty.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 26.
Foreign documents may be admitted in evidence if duly authenticated.

SECT

Sub-section (1) amended by No. 171, 1973, s. 16.
26. (1) In a proceeding under this Act-

(a) a document, duly authenticated, that purports to set out testimony given on oath, or declared or affirmed to be true, by a person in a foreign state is admissible as evidence of the matters stated in the testimony;

(b) a document, duly authenticated, that purports to have been received in evidence, or to be a copy of a document that has been received in evidence, in a foreign state is admissible in evidence;

(c) a document, duly authenticated, that certifies that a person was convicted on a date specified in the document of an offence against the law of, or of a part of, a foreign state is admissible as evidence of the fact and date of the conviction; and

(d) a document, duly authenticated, that purports to be a foreign warrant is admissible in evidence.
Amended by No. 171, 1973, s. 16.

(2) A document is duly authenticated for the purpose of being admitted in evidence in a proceeding under this Act if-

(a) in the case of a document that purports to set out testimony given, declared or affirmed by a person in a foreign state-the document purports to be certified by a Judge, Magistrate or officer in or of that foreign state to be the original document containing or recording that testimony or a true copy of that original document;

(b) in the case of a document that purports to have been received in evidence, or to be a copy of a document that has been received in evidence, in a foreign state-the document purports to be certified by a Judge, Magistrate or officer in or of that foreign state to have been, or to be a true copy of a document that has been, so received in evidence;

(c) in the case of a document that certifies that a person has been convicted in a foreign state of an offence-the document purports to be certified by a Judge, Magistrate or officer in or of that foreign state; or

(d) in the case of a document that purports to be a foreign warrant-the document purports to be signed by a Judge, Magistrate or officer in or of the foreign state in which the document was issued,
and the document purports to be authenticated by the oath of a witness or to be sealed with the official or public seal of that foreign state or of a Minister of State, or of a Department or officer of the Government, of that foreign state.

(3) Nothing in this section prevents the proof of any matter, or the admission in evidence of any document, in accordance with any other law of the Commonwealth or any law of a State or Territory.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 27.
Taking of evidence in respect of criminal matter pending in courts of foreign
states.

SECT

Sub-section (1) substituted by No. 171, 1973, s. 17.
27. (1) Where a request is made by a foreign state (whether this Act applies in relation to that foreign state by virtue of section 9 or section 10 or not) that evidence be taken in Australia for the purposes of a criminal matter pending in a court or tribunal of that foreign state other than a matter relating to an offence that is, or that is by reason of the circumstances in which it is alleged to have been committed, an offence of a political character, the Attorney-General may, by notice in writing, in accordance with Form 8 in Schedule 2, authorize a Magistrate to take the evidence.

(2) Upon receipt of the notice, the Magistrate shall-

(a) take the evidence of each witness appearing before him to give evidence in relation to the matter in like manner as if the witness were giving evidence on a charge against a person for an indictable offence against the law in force in the State or Territory of which he is a Magistrate;

(b) cause the evidence to be reduced to writing and certify at the end of that writing that the evidence was taken by him; and

(c) cause the writing so certified to be sent to the Attorney-General.

(3) The evidence of such a witness may be taken in the presence or absence of the person charged with the offence against the law of, or of the part of, the foreign state and the certificate by the Magistrate that the evidence was taken by him shall state whether the person so charged was present or absent when the evidence was taken.

(4) The laws of each State or Territory with respect to the compelling of persons to attend before a Magistrate, and to give evidence, answer questions and produce documents, upon the hearing of a charge against a person for an offence against the law of that State or Territory apply, so far as they are capable of application, with respect to the compelling of persons to attend before a Magistrate, and to give evidence, answer questions and produce documents, for the purposes of this section.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 27A.
Taking of evidence for purposes of extradition.

SECT

Substituted by No. 171, 1973, s. 18.
27A. (1) Where a warrant has been issued in Australia for the apprehension of a person accused of an extraditable crime as defined by section 20 and that person is, or is suspected of being, in a foreign state or within the jurisdiction of, or of a part of, a foreign state, the Attorney-General may, by notice in writing in accordance with Form 9 in Schedule 2, authorize a Magistrate to take evidence in Australia for transmission to that state for use in any proceedings in that state for the surrender of the person to Australia.

(2) Upon receipt of the notice, the Magistrate shall-

(a) take the evidence on oath or affirmation of each witness appearing before him to give evidence in relation to the matter;

(b) cause the evidence to be reduced to writing and certify at the end of that writing that the evidence was taken by him; and

(c) cause the writing so certified to be sent to the Attorney-General.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 28.
Conditions of imprisonment.

SECT

28. The laws of a State or Territory with respect to-

(a) the conditions of imprisonment of persons imprisoned in that State or Territory to await trial for offences against the law of that State or Territory;

(b) the treatment of such persons during imprisonment; and

(c) the transfer of such persons from prison to prison,
apply, so far as they are capable of application, in relation to persons who have been committed to prison in that State or Territory in pursuance of this Act.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 29.
Application of Removal of Prisoners (Territories) Act.

SECT

Amended by No. 171, 1973, s. 19.
29. The Removal of Prisoners (Territories) Act 1923-1962 applies, with such modifications and adaptations, if any, as are prescribed, to and in relation to a person who has been committed to prison in a Territory in pursuance of this Act in like manner as it applies to and in relation to a person who has been sentenced to imprisonment in that Territory.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 29A.
Application of Removal of Prisoners (Australian Capital Territory) Act.

SECT

Inserted by No. 171, 1973, s. 20.
29A. The Removal of Prisoners (Australian Capital Territory) Act 1968 applies, with such modifications and adaptations, if any, as are prescribed, to and in relation to a person who has been committed to prison in the Australian Capital Territory, or in the Territory accepted by the Commonwealth in pursuance of the Jervis Bay Territory Acceptance Act 1915, in pursuance of this Act in like manner as it applies to and in relation to a person who has been sentenced to imprisonment in that Territory.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 30.
Forms need not be strictly complied with.

SECT

Amended by No. 171, 1973, s. 23.
30. Strict compliance with the forms in Schedule 2 is not required and substantial compliance is sufficient.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT. 31.
Regulations.

SECT

31. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular-

(a) prescribing the practice and procedure in relation to the performance by Magistrates of functions under this Act, including the remanding of fugitives either in custody or on bail, the summoning of witnesses, the production of documents, the taking of evidence on oath or affirmation, the administering of oaths or affirmations, the payment of expenses of witnesses and the protection and immunity of Magistrates, of barristers and solicitors appearing before Magistrates and of witnesses; and

(b) prescribing penalties not exceeding a fine of Five hundred dollars for offences against the regulations.
Heading omitted by No. 171, 1973, s. 23.
* * * * * * * *

EXTRADITION (FOREIGN STATES) ACT 1966 - SCHEDULE 1

SCH

Substituted by No. 171, 1973, s. 21.
SCHEDULE 1
Sections 4, 10 and 20
1. Wilful murder; murder.
2. Manslaughter.
3. An offence against the law relating to genocide.
4. Aiding or abetting, or counselling or procuring the commission of, suicide.
5. An offence against the law relating to abortion.
6. Maliciously or wilfully wounding or inflicting grievous bodily harm.
7. Assault occasioning actual bodily harm.
8. Assaulting a Magistrate, a police officer or a public officer.
9. Assault on board a ship or aircraft with intent to destroy life or to cause grievous bodily harm. 10. Rape. 11. Unlawful sexual intercourse with a female. 12. Indecent assault. 13. Procuring, or trafficking in, women or young persons for immoral purposes; living on the earnings of prostitution; any other offence against the law relating to prostitution. 14. Bigamy. 15. Kidnapping; abduction; false imprisonment; dealing in slaves. 16. Stealing, abandoning, exposing or unlawfully detaining a child. 17. An offence against the law relating to bribery. 18. Perjury; subornation of perjury; obstructing or defeating the course of justice. 19. Arson. 20. An offence relating to counterfeiting. 21. An offence against the law relating to forgery or against the law relating to uttering what is forged. 22. Stealing; embezzlement; fraudulent conversion; fraudulent false accounting; obtaining property, money, valuable securities or credit by false pretences or other form of deception; receiving stolen property; any other offence involving fraud. 23. Burglary; housebreaking; any similar offence. 24. Robbery. 25. Blackmail or extortion by means of threats or by abuse of authority. 26. An offence against the law relating to bankruptcy or insolvency. 27. An offence against the law relating to companies. 28. Maliciously or wilfully damaging property. 29. An act done with the intention of endangering the safety of persons travelling on a railway, vehicle, ship or aircraft or of endangering or damaging a railway, vehicle, ship or aircraft. 30. Piracy. 31. An unlawful act against the authority of the master of a ship or the commander of an aircraft. 32. The unlawful seizure, or unlawful exercise of control, of a ship or aircraft, by force or threat of force or by any other form of intimidation. 33. An unlawful act of any of the kinds specified in paragraph 1 of Article 1 of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (being the convention referred to in the Crimes (Protection of Aircraft) Act 1973). 34. An offence against the law relating to dangerous drugs, narcotics or psychotropic substances. 35. Aiding, abetting, counselling or procuring the commission of, being an accessory before or after the fact to, or attempting or conspiring to commit, an offence described in a preceding item in this Schedule.

EXTRADITION (FOREIGN STATES) ACT 1966 - SCHEDULE 2

SCH

Amended by No. 112, 1968, s. 9; and No. 171, 1973, ss. 22 and 23.

SCHEDULE 2

FORM 1
Section 15

AUSTRALIA

Extradition (Foreign States) Act

NOTICE BY ATTORNEY-GENERAL

To , a Chief [Stipendiary, Police, Resident or Special] Magistrate of the State of , being a person who holds an office specified in an arrangement in force under section 24 of the Extradition (Foreign States) Act.
or

To , a Chief [Stipendiary, Police, Resident or Special] Magistrate of the Territory of .

Whereas a requisition has been made to me, the Attorney-General of Australia, by , a foreign state in relation to which the Extradition (Foreign States) Act applies, for the surrender of (in this Notice referred to as ''the said fugitive''), who is accused [or has been convicted] of the offence of alleged to have been committed [or committed] in [or within the jurisdiction of] and is, or is suspected of being, in Australia or a Territory of the Commonwealth:

Now therefore I, the Attorney-General of Australia, inform you that the said requisition has been made and authorize you to issue a warrant for the apprehension of the said fugitive provided that the provisions of the Extradition (Foreign States) Act relating to the issue of such a warrant have, in your opinion, been complied with.

Given under my hand at this day of , 19 .

-----------

FORM 2
Section 15

AUSTRALIA

Extradition (Foreign States) Act

NOTICE BY ATTORNEY-GENERAL

To , a Chief [Stipendiary, Police, Resident or Special] Magistrate of the State of , being a person who holds an office specified in an arrangement in force under section 24 of the Extradition (Foreign States) Act.

or

To , a Chief [Stipendiary, Police, Resident or Special] Magistrate of the Territory of .

I, the Attorney-General of Australia, hereby inform you that a requisition has been made to me by , a foreign state in relation to which the Extradition (Foreign States) Act applies, for the surrender of , who is accused [or has been convicted] of the offence of alleged to have been committed [or committed] in [or within the jurisdiction of]

Given under my hand at this day of , 19 .

-----------

FORM 3
Section 16

AUSTRALIA

Extradition (Foreign States) Act

WARRANT OF APPREHENSION

To all Commonwealth Police Officers and all members of the Police Forces of the States and Territories of the Commonwealth.

Whereas the Attorney-General of Australia has notified me, a Chief [Stipendiary, Police, Resident or Special] Magistrate of the State of , being a person who holds an office specified in an arrangement in force under section 24 of the Extradition (Foreign States) Act, that a requisition has been made to him for the surrender of (in this Warrant referred to as ''the said fugitive''), who is accused [or has been convicted] of the offence of
alleged to have been committed [or committed] in [or within the jurisdiction of] and is, or is suspected of being, in Australia or a Territory of the Commonwealth:

or

Whereas the Attorney-General of Australia has notified me, a Chief [Stipendiary, Police, Resident or Special] Magistrate of the Territory of
, that a requisition has been made to him for the surrender of (in this Warrant referred to as ''the said fugitive''), who is accused [or has been convicted] of the offence of alleged to have been committed [or committed] in [or within the jurisdiction of] and is, or is suspected of being, in Australia or a Territory of the Commonwealth:

This is therefore to authorize and command you forthwith to find the said fugitive in any State or Territory of the Commonwealth and, having found him, to apprehend him and, if he is apprehended in a State, to bring him before any Chief, Stipendiary, Police, Resident or Special Magistrate of that State who holds an office specified in an arrangement made under section 24 of the Extradition (Foreign States) Act or, if he is apprehended in a Territory of the Commonwealth, to bring him before any Chief, Stipendiary, Police, Resident or Special Magistrate of that Territory, to show cause why he should not be surrendered to in pursuance of the Extradition (Foreign States) Act.

Given under my hand at this day of , 19 .

-----------

FORM 4
Section 16

AUSTRALIA

Extradition (Foreign States) Act

WARRANT OF APPREHENSION

To all Commonwealth Police Officers and all members of the Police Forces of the States and Territories of the Commonwealth.

Whereas it has been shown to me, a Chief [Stipendiary, Police, Resident or Special] Magistrate of the State of , being a person who holds an office specified in an arrangement in force under section 24 of the Extradition (Foreign States) Act, that (in this Warrant referred to as ''the said fugitive'') is accused [or has been convicted] of the offence of alleged to have been committed [or committed] in [or within the jurisdiction of]
and the said fugitive is, or is suspected of being, in Australia or a Territory of the Commonwealth:

or

Whereas it has been shown to me, a Chief [Stipendiary, Police, Resident or Special] Magistrate of the Territory of , that (in this Warrant referred to as ''the said fugitive'') is accused [or has been convicted] of the offence of alleged to have been committed [or committed] in [or within the jurisdiction of] and the said fugitive is, or is suspected of being, in Australia or a Territory of the Commonwealth:
This is therefore to authorize and command you forthwith to find the said fugitive in any State or Territory of the Commonwealth and, having found him, to apprehend him and, if he is apprehended in a State, to bring him before any Chief, Stipendiary, Police, Resident or Special Magistrate of that State who holds an office specified in an arrangement in force under section 24 of the Extradition (Foreign States) Act, or, if he is apprehended in a Territory of the Commonwealth, to bring him before any Chief, Stipendiary, Police, Resident or Special Magistrate of that Territory, to be further dealt with according to law.
Given under my hand at this day of ,19 .

-----------

FORM 5
Section 17

AUSTRALIA

Extradition (Foreign States) Act

WARRANT OF COMMITMENT

To all Commonwealth Police Officers in the State [or Territory] of and all members of the Police Force of that State[or Territory] and to the Keeper of the Prison at in that State [or Territory].

Whereas on this day of , 19 , (in this Warrant referred to as ''the said fugitive'') has been brought before me, a Chief [Stipendiary, Police, Resident or Special] Magistrate of the State of , being a person who holds an office specified in an arrangement in force under section 24 of the Extradition (Foreign States) Act, to show cause why he should not be surrendered in pursuance of the Extradition (Foreign States) Act on the ground of his being accused [or having been convicted] of the offence of alleged to have been committed [or committed] in [or within the jurisdiction of]
:

or

Whereas on this day of , 19 , (in this Warrant referred to as ''the said fugitive'') has been brought before me, a Chief [Stipendiary, Police, Resident or Special] Magistrate of the Territory of
, to show cause why he should not be surrendered in pursuance of the Extra- dition (Foreign States) Act on the ground of his being accused [or having been convicted] of the offence of alleged to have been committed [or committed] in [or within the jurisdiction of] :

And whereas no sufficient cause has been shown to me why the said fugitive should not be surrendered in pursuance of the Extradition (Foreign States) Act:

This is therefore to authorize and command-

(a) you, the said police officers, to convey the said fugitive to the prison at in the State [or Territory] of and deliver him there to the Keeper of the said prison together with this warrant; and

(b) you, the said Keeper, to receive the said fugitive into your custody in the said prison and there safely to keep him until he is delivered therefrom in accordance with law.

Given under my hand at this day of , 19 .

-----------

FORM 6
Section 18

AUSTRALIA

Extradition (Foreign States) Act

WARRANT FOR SURRENDER OF FUGITIVE

To the Keeper of the Prison at and to . Whereas
(in this Warrant referred to as ''the said fugitive''), who is accused [or has been convicted] of the offence of alleged to have been committed [or committed] in [or within the jurisdiction of] was delivered into the custody of you the said Keeper by warrant dated the day of
, 19 , in pursuance of the Extradition (Foreign States) Act [or the Removal of Prisoners (Territories) Act or the Removal of Prisoners (Australian Capital Territory) Act]:

Now therefore I, the Attorney-General of Australia, in pursuance of the Extradition (Foreign States) Act order-

(a) you, the said Keeper, to deliver the said fugitive into the custody of the said ; and

(b) you, the said , to receive the said fugitive into your custody and to convey him to a place in or within the jurisdiction of and there surrender him to some person appointed to receive him.

Given under my hand at this day of , 19 .

-----------

FORM 7
Section 18A


AUSTRALIA

Extradition (Foreign States) Act

WARRANT TO HOLD PERSON IN CUSTODY DURING TRANSIT

To Whereas, in pursuance of the extradition treaty in force between Australia and
, a foreign state, , (in this Warrant referred to as ''the said prisoner'') is being transported through Australia for the purpose of his being surrendered to :

This is therefore to authorize and command you, in pursuance of section 18A of the Extradition (Foreign States) Act, to receive the said prisoner into your custody and safely keep him until his transportation is continued.

Given under my hand at this day of , 19 .

-----------

FORM 8
Section 27

AUSTRALIA

Extradition (Foreign States) Act

NOTICE AUTHORIZING TAKING OF EVIDENCE

To a Chief [Stipendiary, Police, Resident or Special] Magistrate of the State of
, being a person who holds an office specified in an arrangement in force under section 24 of the Extradition (Foreign States) Act.

or

To a Chief [Stipendiary, Police, Resident or Special] Magistrate of the Territory of .

Whereas a request has been made to me, the Attorney-General of Australia, by
a foreign state, that evidence be taken in Australia for the purposes of .

Now therefore I, the Attorney-General of Australia, authorize you to take the abovementioned evidence in accordance with section 27 of the Extradition (Foreign States) Act.
Given under my hand at this day of , 19 .

FORM 9
Section 27A

AUSTRALIA

Extradition (Foreign States) Act

NOTICE AUTHORIZING TAKING OF EVIDENCE

To a Chief [Stipendiary, Police, Resident or Special] Magistrate of the State of , being a person who holds an office specified in an arrangement in force under section 24 of the Extradition (Foreign States) Act.

or

To a Chief [Stipendiary, Police, Resident or Special] Magistrate of the Territory of .

I, , the Attorney-General of Australia, inform you that a warrant has been issued in Australia [or in the Territory of ] for the apprehension of (in this notice referred to as ''the said fugitive''), being a person accused of an extraditable crime as defined by section 20 of the Extradition (Foreign States) Act, and that the said fugitive is [or is suspected of being] in [or within the jurisdiction of, or of a part of] , and I hereby authorize you to take, in accordance with secton 27A of the Extradition (Foreign States) Act, such evidence in Australia as is produced to you for transmission to for use in any proceedings in for the surrender of the said fugitive to Australia.

Given under my hand at this day of
, 19 .
------------------------------------------------------------------------------ --

EXTRADITION (FOREIGN STATES) ACT 1966 - NOTE


NOTE
1. The Extradition (Foreign States) Act 1966 comprises the Extradition (Foreign States) Act 1966 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------

Number Date of
Act and year Date of
Assent commencement
----------------------------------------------------------------------------

Extradition (Foreign
States) Act 1966 No. 76, 1966 29 Oct 1966 1 Oct 1967 (see
Gazette 1967, p.
5473)
Extradition (Foreign
States) Act 1968 No. 112, 1968 2 Dec 1968 Ss. 1-6 and 9:
Royal Assent
S. 7: 1 Sept 1969
(see Gazette 1969,
p. 5198A)
S. 8: (a)
Extradition (Foreign
States) Act 1972 No. 103, 1972 27 Oct 1972 27 Oct 1972
Extradition (Foreign
States) Act 1973 No. 171, 1973 12 Dec 1973 12 Dec 1973
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
----------------------------------------------------------------------------

(a) No date for the commencement of section 8 was fixed before its repeal by section 3 of the Extradition (Foreign States) Act 1973.