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Extradition (Foreign States) Act 1966

Act No. 66 of 1966 as amended, taking into account amendments up to Act No. 76 of 1986
Registered 25 Nov 2009
Start Date 24 Jun 1986
End Date 01 Dec 1988
Date of repeal 01 Dec 1988
Repealed by Extradition (Repeal and Consequential Provisions) Act 1988

EXTRADITION (FOREIGN STATES) ACT 1966 [Note: This Act is "repealed" by Act No. 5 of 1988]
(#DATE 31:10:1986)

- Reprinted as at 31 October 1986
*1*The Extradition (Foreign States) Act 1966 as shown in this reprint comprises Act No. 76, 1966 amended as indicated in the Tables below.
Table of Acts
-------------------------------------------------------------------------------
Application,
saving or
Number Date Date of transitional
Act and year of Assent commencement provisions
-------------------------------------------------------------------------------
Extradition (Foreign States) 76, 1966 29 Oct 1966 1 Oct 1967 (see
Act 1966 Gazette 1967, p.5473)
Extradition (Foreign States) 112, 1968 2 Dec 1968 Ss. 1-6 and 9: Royal
Act 1968 Assent
S.7: 1 Sept 1969 (see
Gazette 1969,
p. 5198A)
S.8: (a)
as
amended
by
171, 1973 12 Dec 1973 12 Dec 1973 -
Extradition (Foreign States) 103, 1972 27 Oct 1972 27 Oct 1972 -
Act 1972
Extradition (Foreign States) 171, 1973 12 Dec 1973 12 Dec 1973 -
Act 1973
Statute Law Revision Act 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9(1)
1973< and 10
as
amended
by
20, 1974 25 July 1974 31 Dec 1973 -
Extradition (Foreign States) 21, 1974 29 July 1974 29 July 1974 -
Act 1974
Extradition (Foreign States) 10, 1977 28 Feb 1977 28 Feb 1977 -
Amendment Act 1976
Australian Federal Police 155, 1979 28 Nov 1979 19 Oct 1979 -
(Consequential (see s.2 and Gazette
Amendments) Act 1979 1979, No. S206, P.1)
Australian Federal Police 70, 1980 28 May 1980 28 May 1980 -
(Consequential
Amendments) Act 1980
Transfer of Prisoners 96, 1983 22 Nov 1983 S.9:12June 1985 S.9 (2)
(Consequential (see Gazette 1985,
Amendments) Act 1983 No.S199, p.1) (b)
Extradition (Foreign States) 18, 1985 7 May 1985 1 July 1985 S. 23
Amendment Act 1985 (see Gazette 1985,
No. S213, p. 1)
Statute Law (Miscellaneous 193, 1985 16 Dec 1985 S.3:Royal Assent (c)
Provisions) Act (No. 2) S. 16
1985
Statute Law (Miscellaneous 76, 1986 24 June 1986 S. 3: (d) S. 9
Provisions) Act (No. 1)
1986
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(a) Section 8 of the Extradition (Foreign States) Act 1968 provided for the amendment of the First Schedule of the Extradition (Foreign States) Act 1966. Section 8 was repealed by the Extradition (Foreign States) Act 1973 before a date was fixed for its commencement.
(b) The Extradition (Foreign States) Act 1966 was amended by section 9 only of the Transfer of Prisoners (Consequential Amendments) Act 1983, sub-section 2 (3) of which provides as follows:
"(3) Sections 7 and 9 shall come into operation on a day to be fixed by Proclamation."
(c) The Extradition (Foreign States) Act 1966 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1985, sub-section 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent."
(d) The Extradition (Foreign States) Act 1966 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986, sub-section 2 (9) of which provides as follows:
"(9) The re-designation of section 18A of the Extradition (Foreign States) Act 1966 effected by this Act shall be deemed to have come into operation on 16 December 1985."
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
------------------------------------------------------------------------------ -
Provision affected How affected
------------------------------------------------------------------------------ -
S. 3 . . . . . . . am. No. 171, 1973
rep. No. 216, 1973 (as am. by No. 20, 1974)
S. 4 . . . . . . . am. No. 112, 1968; No. 103, 1972; No. 171, 1973; No. 216,
1973 (as am. by No. 20, 1974); No. 10, 1977; Nos. 18 and
193, 1985
S. 5 . . . . . . . am. No. 112, 1968
rs. No. 171, 1973
am. No. 216, 1973 (as am. by No. 20, 1974)
S. 6 . . . . . . . am. No. 18, 1985
S. 7 . . . . . . . rep. No. 216, 1973 (as am. by No. 20, 1974)
S. 8 . . . . . . . rep. No. 171, 1973
S. 9 . . . . . . . am. No. 171, 1973; No. 18, 1985
S. 10 . . . . . . . am. No. 112, 1968; No. 103, 1972; No. 171, 1973; No. 21,
1974
S. 11 . . . . . . . am. No. 18, 1985
Ss. 13, 14 . . . . am. No. 171, 1973; Nos. 18 and 193, 1985
S. 15 . . . . . . . am. No. 171, 1973
rs. No. 18, 1985
S. 16 . . . . . . . am. No. 18, 1985
Ss. 16A, 16B . . . ad. No. 18, 1985
S. 17 . . . . . . . am. No. 112, 1968; No. 171, 1973; Nos. 18 and 193, 1985
S. 17A . . . . . . ad. No. 18, 1985
am. No. 193, 1985
S. 18 . . . . . . . am. No. 171, 1973; No. 18, 1985
rs. No. 193, 1985
S. 18A . . . . . . ad. No. 193, 1985
S. 18A . . . . . . ad. No. 171, 1973
am. No. 18, 1985
Renumbered s. 18B . No. 76, 1986
S. 19 . . . . . . . am. No. 171, 1973; Nos. 18 and 193, 1985
S. 20 . . . . . . . am. No. 171, 1973
rs. No. 18, 1985
S. 21 . . . . . . . am. No. 21, 1974
S. 23 . . . . . . . rs. No. 171, 1973
am. No. 18, 1985
S. 24A . . . . . . ad. No. 18, 1985
am. No. 193, 1985
S. 25 . . . . . . . am. No. 18, 1985
S. 25A . . . . . . ad. No. 18, 1985
Ss. 26, 27 . . . . am. No. 171, 1973; No. 18, 1985
S. 27A . . . . . . ad. No. 112, 1968
rs. No. 171, 1973; No. 18, 1985
S. 29 . . . . . . . am. No. 171, 1973; No. 96, 1983; No. 18, 1985
S. 29A . . . . . . ad. No. 171, 1973
S. 30 . . . . . . . am. No. 171, 1973
rep. No. 18, 1985
S. 31 . . . . . . . am. No. 18, 1985
Heading to The Schedules rep. No. 171, 1973
First Schedule . . am. No. 103, 1972
rep. No. 171, 1973
Schedule 1 . . . . ad. No. 171, 1973
am. No. 10, 1977
rep. No. 18, 1985
Heading to Second Schedule rep. No. 171, 1973
Heading to Schedule 2 ad. No. 171, 1973
Second Schedule . . am. No. 112, 1968; No. 171, 1973
Schedule 2 . . . . am. No. 155, 1979; No. 70, 1980
rep. No. 18, 1985
The Schedule . . . ad. No. 18, 1985
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EXTRADITION (FOREIGN STATES) ACT 1966 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS

PART I - PRELIMINARY

Section

1. Short title

2. Commencement

4. Interpretation

5. Extension of Act to external Territories

6. Exclusion of other laws

PART II - APPLICATION OF ACT

9. Application of Act in relation to foreign states to which Extradition
Acts, 1870 to 1935 apply

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 authorise the apprehension,
or order the surrender, of a fugitive

15. Notice by Attorney-General

16. Issue of warrants

16A. Searches after apprehension

16B. Search warrants

17. Proceedings after apprehension of person

17A. Review of Magistrate's decision

18. Application by fugitive for review of Magistrate's decision

18A. Surrender of fugitive

18B. Transit

19. Discharge of fugitive who is not conveyed out of Australia within 2
months

PART IV - EXTRADITION FROM FOREIGN STATES

20. Interpretation

21. Requisition to foreign state for surrender of person to be made by
Attorney-General

22. Person surrendered may be brought into Australia

23. Person 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

24A. Jurisdiction of Courts

25. Jurisdiction of State courts preserved

25A. Evidence of certain matters

26. Documents may be admitted in evidence if duly authenticated

27. Taking of evidence in respect of criminal proceedings in 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

31. Regulations

THE SCHEDULE

EXTRADITION (FOREIGN STATES) ACT 1966 - LONG TITLE

SECT

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

EXTRADITION (FOREIGN STATES) ACT 1966 - PART I
PART I - PRELIMINARY

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

SECT

1. This Act may be cited as the Extradition (Foreign States) Act 1966. *1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT 2
Commencement

SECT

2. This Act shall come into operation on a date to be fixed by Proclamation. *1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT 4
Interpretation

SECT

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;
"Federal Court" means the Federal Court of Australia;
"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 Magistrate, or as a Chief,
Stipendiary, Police, Resident or Special Magistrate, of a Territory; or
(b) a person who holds office as a Magistrate, or as a Chief,
Stipendiary, Police, Resident or Special Magistrate, of a State and in respect of whom an arrangement in force under sub-section 24 (1) is applicable;
"prison" includes a gaol, lock-up or other place of detention;
"treaty" includes a convention, agreement or arrangement.

(1A) An offence against the law of, or of a part of, a foreign state (including an offence against such a law relating to taxation, customs duties, foreign exchange control or any other revenue matter) for which a requisition for the surrender of a person has been made to the Attorney-General is an extradition crime for the purposes of this Act if, but only if -
(a) the maximum penalty for the offence is death or imprisonment for not less than 12 months; and
(b) had a relevant act or omission by the person taken place, at the time when the requisition was made, in, or within the jurisdiction of, the part of Australia where the person was found, that act or omission would have constituted an offence against the law in force in that part of Australia the maximum penalty for which is death or imprisonment for not less than 12 months.

(1B) The reference in paragraph (1A) (b) to a relevant act or omission by a person is a reference to -
(a) an act or omission by the person -
(i) which is, in or in connection with the relevant requisition,
alleged to have taken place; or
(ii) of which evidence is produced in connection with the relevant
requisition; or
(b) any act or omission that is equivalent to an act or omission referred to in paragraph (a).

(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.

(3) Where a person has been convicted in the absence of the person of an offence against the law of, or of a part of, a foreign state, whether or not the conviction is 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.

(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, 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.

(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, over which the foreign state is required by paragraph 1 of Article 5 of that Convention to establish its jurisdiction, shall, for the purpose of this Act, be deemed to be an extradition crime and to have been committed within the jurisdiction of the foreign state.

(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, 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.

(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.

(7) For the purpose 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.

(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 purpose of this Act, to have been committed within the jurisdiction of that state.

(9) For the purposes of this Act, an offence against the law of, or of a part of, a foreign state, being an offence against the law relating to genocide, shall not be taken to be an offence that is, or is by reason of the circumstances in which it is alleged to have beeen committed or was committed, an offence of a political character.

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

SECT

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 sub-section (2), 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.

EXTRADITION (FOREIGN STATES) ACT 1966 - PART II
PART II - APPLICATION OF ACT

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

SECT

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.

(1A) It is declared, for the avoidance of doubt, that this Act applies by virtue of sub-section (1) in relation to each of the foreign states specified in the Schedule.

(1B) If, after the commencement of the sub-section, an extradition treaty comes into force between Australia and a foreign state specified in the Schedule, this Act has effect as if the reference in the Schedule to that foreign state were omitted.

(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.

(2A) For the purposes of sub-section (2), the provisions of the Orders in Council referred to in sub-section (1) shall be deemed to be the provisions set out in Volume IX of the Statutory Rules and Orders and Statutory Instruments of the United Kingdom revised to December 31, 1948.

(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 sub-section (3) 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 section 10.

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

SECT

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;
(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.

(2) The limitations, conditions, exceptions or qualifications referred to in sub-section (1) 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.

(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, sub-sections (1) and (2) 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.

(4) Where the Governor-General is satisfied that, if this Act applied in relation to a foreign state, the law of that foreign state would, with or without any limitations, conditions, exceptions or qualifications, permit the surrender to Australia of persons accused or convicted of extraditable crimes within the meaning of Part IV who are found in that foreign state, or within the jurisdiction of, or of a part of, that foreign state, the regulations may provide that this Act applies in relation to that foreign state or that this Act applies in relation to that foreign state subject to limitations, conditions, exceptions or qualifications specified in the regulations.

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

SECT

11. (1) Subject to sub-section (2), 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 - PART III
PART III - EXTRADITION TO FOREIGN STATES

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

SECT

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 or if the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character.

(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 in respect of which the person was surrendered
or any other offence of which the person could be convicted upon proof of the facts on which the surrender of the person was ordered; 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 trail 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 the person could be convicted upon
proof of the facts on which the surrender of the person to that state was ordered; or
(ii) any other offence in respect of which the Attorney-General
consents to his being so detained.

(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 authorise the apprehension,
or order the surrender, of a fugitive

SECT

14. The Attorney-General shall not give a notice under sub-section 15 (1), or issue a warrant under sub-section 18A (1) or (3), 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

15. (1) Subject to sub-section (2), where a requisition for the surrender of a fugitive who is, or is suspected of being, in or on the way to Australia is made to the Attorney-General by a foreign state, the Attorney-General may, in his or her discretion -
(a) if a warrant for the apprehension of the fugitive has not been issued under section 16 - by notice in writing in accordance with the form prescribed for the purposes of this paragraph, state that the requisition has been made and authorize the issuing by any Magistrate of a warrant for the apprehension of the fugitive; or
(b) if a warrant for the apprehension of the fugitive has been issued under section 16 and a person has been apprehended under the warrant - by notice in writing in accordance with the form prescribed for the purposes of this paragraph and directed to any Magistrate before whom the person may be brought, inform the Magistrate that the requisition has been made.

(2) The Attorney-General shall not give a notice under sub-section (1) in respect of a fugitive whose surrender is requested by a foreign state if the Attorney-General is of the opinion that -
(a) the fugitive is not liable to be surrendered to the foreign state; or
(b) the offence to which the requisition for the surrender of the fugitive 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 or that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character.

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

SECT

16. (1) Where -
(a) a Magistrate is authorized by the Attorney-General by a notice under paragraph 15 (1) (a) 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 the Magistrate is informed, by information on oath or affirmation, that a warrant for the apprehension of the fugitive has been issued in a foreign state and is in force, the Magistrate shall issue a warrant for the apprehension of the fugitive in accordance with the appropriate form prescribed for the purposes of this sub-section.

(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 15 (1) (a) 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 sub-section (3) 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 sub-sections (3) and (4); 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 16A
Searches after apprehension

SECT

16A. (1) A Police Officer who apprehends a person pursuant to a warrant issued under section 16 may search the person or the clothing that the person is wearing, and any property under the control of the person, if the Police Officer has reasonable grounds for suspecting that there is concealed, on, or in the clothing of, the person or in that property, any article, including a sum of money -
(a) that may be material as evidence in proving an offence to which the requisition for the surrender of the person relates; or
(b) that has been acquired by the person as a result of such an offence.

(2) Sub-section (1) does not authorize a Police Officer to remove, or to require the person to remove, any of the clothing that the person is wearing.

(3) A Police Officer may seize any article found as a result of a search in accordance with sub-section (1) and may retain any article so seized pending any direction from the Attorney-General as to the manner in which the article is to be dealt with.

(4) The powers conferred by this section are in addition to, and not in derogation of, any other powers conferred by law.

(5) In this section, "Police Officer" means a member or special member of the Australian Federal Police or a member of the Police Force of a State or Territory.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT 16B
Search warrants

SECT

16B. (1) Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds for suspecting that there may be upon any land or upon or in any premises, vessel, aircraft or vehicle, any article, including a sum of money, that may be material as evidence in proving an offence to which the requisition for the surrender of a person relates or that has been acquired by a person as a result of such an offence, and the information sets out those grounds, the Magistrate may issue a search warrant in accordance with the appropriate form prescribed for the purposes of this sub-section authorizing a Police Officer named in the warrant, with such assistance as the Police Officer thinks necessary, and if necessary by force -
(a) to enter upon the land or upon or into the premises, vessel, aircraft or vehicle;
(b) to search the land, premises, vessel, aircraft or vehicle for any such article; and
(c) to seize any such article found upon the land or upon or in the premises, vessel, aircraft or vehicle.

(2) A Magistrate shall not issue a warrant under sub-section (1) unless -
(a) the informant or some other person has given to the Magistrate, either orally or by affidavit, such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
(b) the Magistrate is satisfied that there are reasonable grounds for issuing the warrant.

(3) There shall be stated in a warrant issued under this section -
(a) a statement of the purpose for which the warrant is issued, which shall include a reference to the nature of the offence in relation to which the entry and search are authorized;
(b) whether entry is authorized to be made at any time of the day or night or during specified hours of the day or night;
(c) a description of the kind of articles authorized to be seized; and
(d) a day, not being later than one month after the day of issue of the warrant, upon which the warrant ceases to have effect.

(4) If, in the course of searching in accordance with a warrant issued under this section, for an article, including a sum of money, that may be material as evidence in proving an offence or has been acquired as a result of an offence, being an article of a kind specified in the warrant, a Police Officer finds any article, including a sum of money, that the Police Officer believes on reasonable grounds to be connected with the offence, although not of a kind specified in the warrant, and the Police Officer believes on reasonable grounds that it is necessary to seize that article in order to prevent its concealment, loss or destruction, the warrant shall be deemed to authorize the Police Officer to seize that article.

(5) Where a Police Officer seizes an article found as a result of a search in accordance with this section, the Police Officer may retain the article pending any direction from the Attorney-General as to the manner in which the article is to be dealt with.

(6) In this section, "Police Officer" has the same meaning as in section 16A.

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 section 16 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.

(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 7 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.

(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 7 days.

(2B) Where, under sub-section (2), a Magistrate remands a person in custody after the person has made an application for bail, the person is not entitled to apply to any other court or person for release on bail.

(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 section 16, 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.

(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 15 (1) (a), 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 15 (1) (b) 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.

(5) Where the Magistrate does not receive such a notice within -
(a) in a case to which paragraph (b) does not apply - 45 days after the day on which the person was apprehended; or
(b) if a 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 specifies a different period after the apprehension of the person as the period by which a requistion for the surrender of the person must be made - that period,
or within such further period as the Magistrate considers reasonable having regard to all the circumstances, the Magistrate shall -
(c) if the person apprehended is held in custody - order that the person be released; or
(d) if the person has been admitted to bail - make an order discharging the recognizances upon which the person was admitted to bail.

(5A) A person brought before a Magistrate under this section may -
(a) where the person was apprehended under a warrant issued otherwise than pursuant to an authority by the Attorney-General in a notice under paragraph 15 (1) (a) and the Magistrate receives a notice under paragraph 15 (1) (b) - after the Magistrate receives the notice by the Attorney-General under paragraph 15 (1) (b); or
(b) where the person was apprehended under a warrant issued pursuant to an authority by the Attorney-General in a notice under paragraph 15 (1) (a) - upon being brought before the Magistrate,
inform the Magistrate that the person consents to being surrendered to the foreign state that made the requisition for the surrender of the person.

(5B) Where a person informs a Magistrate that the person consents to being surrendered to a foreign state, the Magistrate shall, unless the Magistrate has reason to believe that the consent was not given voluntarily -
(a) advise the person that the effect of so consenting will be that -
(i) the foreign state requesting the surrender of the person will
not be required to produce the documents referred to in sub-section (6);
(ii) the person will be committed to prison and will not be
entitled to apply under section 18 for a review of the validity of the decision to commit the person to prison; and
(iii) the person is liable to be surrendered to that foreign state
forthwith; and
(b) if, after the person has been advised in accordance with paragraph (a), the person again consents to being surrendered - commit the person to prison to await the warrant of the Attorney-General for the surrender of the person to that foreign state.

(5C) Where a Magistrate commits a person to prison in accordance with paragraph (5B) (b), sub-sections (6) and (6A) do not apply to or in relation to that person.

(6) If the person was apprehended under a warrant issued in pursuance of an authority by the Attorney-General in a notice under paragraph 15 (1) (a) or the Magistrate receives a notice by the Attorney-General under paragraph 15 (1) (b) and -
(a) there is produced to the Magistrate -
(i) in the case of a person who is accused of an extradition
crime -
(A) 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 or a duly authenticated copy of such a warrant;
(B) a duly authenticated statement in writing setting out
a description of each offence for which the surrender of the person is requested and the penalty applicable to each such offence; and
(C) a duly authenticated statement in writing setting out
all the acts or omissions in respect of which the surrender of the person is requested; or
(ii) in the case of a person who is alleged to have been convicted
of an extradition crime - such duly authenticated documents as provide evidence of the conviction, of the sentence imposed on the person or of the intention to impose a sentence on the person and of the extent to which a sentence imposed on the person has not been carried out,
and, if the application of this Act to the foreign state that made the
requisition for the surrender of the person is subject to any
limitations, conditions, exceptions or qualifications, any other
documents required by those limitations, conditions, exceptions or
qualifications to be produced; and
(b) the Magistrate is satisfied, after taking into account any evidence properly adduced 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 either -
(c) by warrant in accordance with the form prescribed for the purposes of this sub-section, commit the person to prison to await the warrant of the Attorney-General for the surrender of the person; or
(d) in the case of a person -
(i) who has been charged with an offence that is alleged to have
been committed in Australia, being a charge that has not been disposed of; or
(ii) who has been convicted in Australia of an offence and is not
in custody in respect of that offence, on the person's entering into such recognizances as the Magistrate thinks appropriate, grant bail to the person pending the signing of a warrant by the Attorney-General for the surrender of the person,
but otherwise the Magistrate shall order that the person be released.

(6A) A person referred to in paragraph (6) (b) is not entitled to adduce, and a Magistrate is not entitled to receive, evidence to controvert an allegation that the person has committed an act or omission in respect of which the surrender of the person is requested.

(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 the form prescribed for the purposes of sub-section (6) 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 or grants bail to a person, 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 and, where a Magistrate commits a person to prison under paragraph (5B) (b), the Magistrate shall include in the certificate to the Attorney-General a statement that the Magistrate has advised the person in accordance with paragraph (5B) (a).

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT 17A
Review of Magistrate's decision

SECT

17A. (1) Where, under sub-section 17 (6), a Magistrate orders that a person be released, a foreign state may apply to the Federal Court, or to the Supreme Court of the State or Territory in which the person was apprehended, for a review of the order, and the Court may review the order.

(2) Where, after a person is released pursuant to an order under sub-section 17 (6), a foreign state applies under sub-section (1) for a review of the order, a Magistrate may issue a warrant for the apprehension of the person in accordance with the form prescribed for the purposes of this sub-section.

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

(4) The Court to which an application is made for a review of an order that a person be released may, whether the person was not released pursuant to the order before the application was made or was so released but was apprehended pursuant to a warrant issued under sub-section (2) -
(a) order the release on bail of the person on such terms and conditions as the Court thinks fit; or
(b) order that the person be kept in such custody as the Court directs in the State or Territory in which the person was last apprehended until the order has been reviewed.

(5) Upon a review of the order, the Court shall have regard only to the material that was before the Magistrate.

(7) Upon the review of an order, the Court may confirm or vary the order, or quash the order and make a new order in substitution for the order so quashed.

(8) The order as confirmed or varied, or the substituted order, shall be executed according to its tenor as if it had been made by the Magistrate.

(9) An appeal lies to the Full Court of the Federal Court from -
(a) an order confirmed under sub-section (7);
(b) an order as varied under sub-section (7); or
(c) an order made under sub-section (7) in substitution for an order quashed under that sub-section.

(10) In an appeal, the Full Court shall have regard only to the evidence given in the proceedings out of which the appeal arose.

(11) Except as provided by sub-section (9), an appeal does not lie from an order referred to in that sub-section.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT 18
Application by fugitive for review of Magistrate's decision

SECT

18. (1) Where a person (in this section referred to as a "fugitive") is committed to prison or otherwise ordered to be held in custody, or is granted bail, by a Magistrate pursuant to section 17, the fugitive may, within the period of 15 days after the date of the decision of the Magistrate, apply to the Federal Court, or to the Supreme Court of the State or Territory in which the Magistrate was sitting, for a review of the validity of the decision of the Magistrate.

(2) The fugitive is not entitled to make an application under sub-section (1) after the expiration of the period referred to in that sub-section.

(3) Upon a review under sub-section (1), the Court shall have regard only to the material that was before the Magistrate and shall -
(a) if satisfied that the decision of the Magistrate was valid - make an order confirming the decision; or
(b) if not so satisfied - order that the fugitive be released.

(4) An appeal lies to the Full Court of the Federal Court from an order made on an application by the fugitive under sub-section (1) if the appeal is instituted within 15 days after the date of the decision of the Federal Court or the Supreme Court in relation to the application.

(5) In an appeal under sub-section (4), the Full Court shall have regard only to the material to which regard could be had by the Court that made the order from which the appeal was instituted.

(6) Except as provided by sub-section (4), an appeal does not lie from an order referred to in that sub-section.

(7) A Magistrate shall, when committing a fugitive to prison or otherwise ordering that a fugitive be held in custody, or when granting bail to a fugitive, pursuant to section 17, inform the fugitive that the fugitive will not be surrendered until after the expiration of the period referred to in sub-section (1) and that the fugitive may make an application to a Court as provided by that sub-section.

(8) This section does not apply in relation to a person committed to prison under paragraph 17 (5B) (b).

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT 18A
Surrender of fugitive

SECT

18A. (1) Where the period applicable under sub-section 18 (1) in relation to a person (in this section referred to as a "fugitive") has expired and -
(a) the fugitive did not make an application under that sub-section within that period; or
(b) the fugitive made an application under that sub-section within that period and the Court to which the application was made, or, where an appeal was brought from the decision of that Court to the Full Court of the Federal Court, the Full Court, has refused to order that the fugitive be released, and the period of 15 days after the date of the decision of the first-mentioned Court or the Full Court of the Federal Court, as the case may be, has expired,
the Attorney-General may -
(c) if satisfied that the fugitive is liable to be surrendered to the foreign state that made the requisition for the surrender of the fugitive; and
(d) unless of the opinion that -
(i) the offence to which the requisition for the 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; or
(ii) the requisition for the surrender has in fact been made with
a view to try or punish the fugitive for an offence of a political character,
by warrant in accordance with the appropriate form prescribed for the purposes of this sub-section, order that a person specified in the warrant take the fugitive into custody and convey the fugitive to a place in that foreign state or within the jurisdiction of, or of a part of, that foreign state and there surrender the fugitive to a person appointed by that foreign state to receive the fugitive.

(2) Sub-section (1) does not apply in relation to a person committed to prison under paragraph 17 (5B) (b).

(3) Where a Magistrate -
(a) pursuant to paragraph 17 (5B) (b), commits a person (in this section referred to as a "volunteer prisoner") to prison; or
(b) pursuant to sub-section 17 (7), orders that a person (in this section also referred to as a "volunteer prisoner") who could be committed to prison under paragraph 17 (5B) (b) be held in custody,
to await the warrant of the Attorney-General for the surrender of the volunteer prisoner to a foreign state, the Attorney-General may -
(c) if satisfied that the volunteer prisoner is liable to be surrendered to the foreign state; and
(d) unless of the opinion that -
(i) the offence to which the requisition for the 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; or
(ii) the requisition for the surrender has in fact been made with
a view to try or punish the volunteer prisoner for an offence of a political character,
by warrant in accordance with the appropriate form prescribed for the purposes of this sub-section, order that a person specified in the warrant take the volunteer prisoner into custody and convey the volunteer prisoner to a place in that foreign state or within the jurisdiction of, or of a part of, that foreign state and there surrender the volunteer prisoner to a person appointed by that foreign state to receive the volunteer prisoner.

(4) Where a person who is a fugitive referred to in sub-section (1) or a volunteer prisoner referred to in sub-section (3) is in custody -
(a) in respect of an offence that is alleged to have been committed in Australia; or
(b) by reason of a conviction in Australia for an offence,
the Attorney-General shall not make an order under the relevant sub-section in relation to the person until the person has been released from custody otherwise than by being granted bail.

(5) Where an order has been made granting bail to a person who is a fugitive referred to in sub-section (1) or a volunteer prisoner referred to in sub-section (3), being bail granted -
(a) in respect of an offence that is alleged to have been committed in Australia; or
(b) in respect of an offence of which the person has been convicted in Australia,
the Attorney-General shall not make an order under the relevant sub-section in relation to the person until the recognizances upon which the person was so granted bail have been discharged.

(6) Where a person referred to in sub-section (5) is in custody pursuant to this Act, the Federal Court, or the Supreme Court of the State or Territory in which the person is held in custody, may order the release on bail of the person on such terms and conditions as the Court thinks fit.

(7) A warrant issued pursuant to sub-section (1) or (3) may be executed according to its tenor.

(8) If a person escapes from the custody of a person executing a warrant referred to in sub-section (7) in or to a State or Territory, the person may be apprehended in the same manner as a person accused of an offence against the law in force in that State or Territory may be apprehended after an escape from lawful custody.

(9) 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 a fugitive or volunteer prisoner relates or that has been acquired by him or her as a result of the offence shall, if the Attorney-General so directs, be delivered up to the foreign state that made the requisition.

(10) If a fugitive or volunteer prisoner cannot be surrendered by reason of his or her having died or escaped from custody, any article referred to in sub-section (9) shall, if the Attorney-General so directs, be delivered up to the foreign state.

(11) If, at any time after a fugitive or volunteer prisoner has been committed to prison or otherwise ordered to be held in custody, or has been released on bail, under this Part pending the signing of a warrant by the Attorney-General for the surrender of the fugitive or volunteer prisoner to a foreign state, the Attorney-General decides not to sign such a warrant, the Attorney-General shall, by order in writing, direct that the fugitive or volunteer prisoner be released or that the recognizances upon which the fugitive or volunteer prisoner was admitted to bail be discharged, as the case may be, but any such order does not affect any order made in respect of, or recognizances entered into by, the fugitive or volunteer prisoner otherwise than pursuant to this Act.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT 18B
Transit

SECT

18B. (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 the form prescribed for the purposes of this paragraph, 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 (1) (b) 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
2 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 2 months after -
(a) the date of the committal or order; or
(b) if an application for a review of the validity of the decision to commit the person to prison or otherwise hold the person in custody 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 the Full Court of the Federal Court, the date of the decision of the Full Court,
whichever is the later, the Federal Court, or 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) A Court shall not order the release of a person under sub-section (1) if the Attorney-General is precluded by sub-section 18A (4) or (5) from making an order in respect of the person under sub-section 18 (1) or (3).

EXTRADITION (FOREIGN STATES) ACT 1966 - PART IV
PART IV - EXTRADITION FROM FOREIGN STATES

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT 20
Interpretation

SECT

20. In this Part, "extraditable crime" means an offence (wherever committed) against the law in force in Australia or in a part of Australia (including an offence against such a law relating to taxation, customs duties, foreign exchange control or any other revenue matter) for which the maximum penalty is death or imprisonment for not less than 12 months.

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

SECT

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 (whether the extraditable crime 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), 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
Person surrendered by foreign state in respect of an offence not to be
prosecuted or detained for other offences

SECT

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 in respect of which the person was surrendered
or any other offence of which the person could be convicted upon proof of the facts on which the surrender of the person was granted; 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 the person could be convicted upon
proof of the facts on which the surrender of the person from the foreign state was granted; or
(ii) any other offence 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 - PART V
PART V - MISCELLANEOUS

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

SECT

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 24A
Jurisdiction of Courts

SECT

24A. The jurisdiction of the Supreme Court of a State or Territory in matters arising under section 17A, 18, 18A or 19 may be exercised by the Court constituted by a single Judge.

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, be deemed not to be a matter arising directly under a treaty.

EXTRADITION (FOREIGN STATES) ACT 1966 - SECT 25A
Evidence of certain matters

SECT

25A. A certificate by the Attorney-General stating that -
(a) Australia or another specified country is a party to a specified treaty;
(b) the treaty entered into force for Australia or that other country, as the case may be, on a specified date; and
(c) as at the date of the certificate, the treaty remained in force for Australia or that other country,
is, for the purposes of any proceedings under this Act, prima facie evidence of the facts stated in the certificate.

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

SECT

26. (1) In a proceeding under this Act, any document that is duly authenticated is admissible in evidence.

(2) A document is duly authenticated for the purposes of sub-section (1) if -
(a) it purports to be signed or certified by a Judge, Magistrate or officer in or of a foreign state; and
(b) it purports to be authenticated by the oath or affirmation of a witness or to be sealed with an official or public seal of the foreign state or of a Minister of State, or of a Department or officer of the Government, of the 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 proceedings in foreign states

SECT

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 10 or not) that evidence be taken in Australia for the purposes of a criminal proceeding in a court or tribunal of that foreign state other than a proceeding 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 writing in accordance with the form prescribed for the purposes of this sub-section, authorize the taking of the evidence.

(1A) The reference in sub-section (1) to a criminal proceeding shall be construed as a reference to the trial of a person for an offence or to a proceeding to determine whether to place a person who is accused of an offence on trial for that offence.

(1B) The Attorney-General shall not authorize the taking of evidence under sub-section (1) in relation to an offence unless an act or omission by the person that is, in or in connection with the request for the taking of the evidence, alleged to have taken place, or any equivalent act or omission, would, if it took place, at the time when the request was made, in, or within the jurisdiction of, Australia, constitute an offence against the law in force in Australia or in a part of Australia.

(2) Where the Attorney-General authorizes the taking of evidence under sub-section (1), a Magistrate may take the evidence on oath or affirmation of each witness appearing before the Magistrate to give evidence in relation to the matter, and a Magistrate who takes evidence under this sub-section shall -
(a) cause the evidence to be reduced to writing and certify at the end of that writing that the evidence was taken by the Magistrate; and
(b) 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) Subject to sub-section (5), 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.

(5) For the purposes of this section, the person charged with the offence against the law of, or of a part of, the foreign state is competent but not compellable to give evidence.

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

SECT

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 writing in accordance with the form prescribed for the purposes of this sub-section, authorize the taking of evidence in Australia for transmission to that foreign state for use in any proceedings in that foreign state for the surrender of the person to Australia.

(2) Where the Attorney-General authorizes the taking of evidence under sub-section (1), a Magistrate may take the evidence on oath or affirmation of each witness appearing before the Magistrate to give evidence in relation to the matter, and a Magistrate who takes evidence under this sub-section shall -
(a) cause the evidence to be reduced to writing and certify at the end of that writing that the evidence was taken by the Magistrate; and
(b) cause the writing so certified to be sent to the Attorney-General.

(3) At a proceeding before a Magistrate pursuant to this section, the accused person is not entitled to appear, either in person or by a legal or other representative.

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

29. The Removal of Prisoners (Territories) Act 1923 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 other than the Northern 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

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 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 of immunity of Magistrates, of barristers and solicitors appearing before Magistrates and of witnesses; and
(b) prescribing penalties not exceeding a fine of $500 for offences against the regulations.

EXTRADITION (FOREIGN STATES) ACT 1966 - SCHEDULE

SCH

THE SCHEDULE Sub-section 9 (1A)
People's Socialist
Republic of Hellenic Republic Kingdom of Norway
Albania Republic of Guatemala Republic of Panama
Republic of Argentina Republic of Haiti Republic of Paraguay
Kingdom of Belgium Hungarian People's
Republic Republic of Peru
Republic of Bolivia Republic of Iceland Polish People's Republic
Republic of Chile Spanish State Portuguese Republic
Republic of Columbia Republic of Iraq Socialist Republic of Rumania
Republic of Cuba Republic of Liberia Republic of San Marino
Czechoslovak Socialist
Republic Grand Duchy of
Luxembourg Swiss Confederation
Republic of Ecuador United Mexican States Kingdom of Thailand
Republic of El Salvador Principality of Monaco Oriental Republic of Uruguay
Republic of Finland Kingdom of Netherlands Socialist Federal Republic of
French Republic Republic of Nicaragua Yugoslavia