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Extradition Act 1988
No. 4, 1988
In force
Administered by
Attorney-General's Department
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C2021C00367 C15
01 September 2021
-
27 March 2026
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Part I—Preliminary
1 Short title
2 Commencement
3 Principal objects of Act
4 Exclusion of other laws
5 Interpretation
6 Meaning of extraditable person
7 Meaning of extradition objection
8 Certain places etc. to be part of a country
9 Law of a country
10 Interpretative provisions relating to offences
11 Modification of Act in relation to certain countries
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Part II—Extradition from Australia to Extradition Countries
12 Extradition arrest warrants
13 Search and seizure upon arrest
14 Search and seizure warrants
15 Remand
15A Waiver of extradition
15B Attorney-General must make surrender determination
16 Notice by Attorney-General
16A Attorney-General may give an amended notice
17 Release from remand
18 Consent to surrender
19 Determination of eligibility for surrender
19A Consent to accessory extradition—extradition offences not specified in subsection 16(1) notice etc.
20 Consent to accessory extradition—offences that are not extradition offences
21 Review of magistrate’s or Judge’s order
21A Admission of evidence etc. on review or appeal
22 Surrender determination by Attorney-General
23 Surrender warrants
24 Temporary surrender warrants
25 Surrender warrants after temporary surrender
26 Form and execution of surrender warrants and temporary surrender warrants
27 Delivery of property to extradition country
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Part III—Extradition from Australia to New Zealand
28 Indorsement of New Zealand warrants
29 Provisional arrest warrants
30 Search and seizure upon arrest
31 Search and seizure warrants
32 Remand
33 Release from remand
33A Consent to surrender
34 Surrender warrants
35 Review of magistrate’s or Judge’s order
36 Temporary surrender warrants
37 Surrender warrants after temporary surrender
38 Form and execution of surrender warrants and temporary surrender warrants
39 Delivery of property to New Zealand
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Part IV—Extradition to Australia from Other Countries
40 Requests for surrender of persons to Australia
41 Surrendered persons to be brought into Australia
42 Speciality
43 Evidence for purposes of surrender of persons to Australia
44 Persons temporarily surrendered to Australia
44A Persons permanently surrendered to Australia
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Part V—Miscellaneous
45 Prosecution of persons instead of extradition
45A Judges of the Federal Circuit and Family Court of Australia (Division 2)—consent to nomination
45B Magistrates and Judges of the Federal Circuit and Family Court of Australia (Division 2)—personal capacity
46 Arrangements relating to magistrates
46A Giving notices to magistrates or Judges etc.
47 Execution of certain warrants in any part of Australia
48 Transit
49 Arrest of persons escaping from custody
49A Arrest of person released on bail
49B Orders for bail to be on terms and conditions court, magistrate or Judge thinks fit
49C Availability of bail during judicial review proceedings relating to certain determinations
50 Solicitor-client relationship in relation to communications
51 Application of section 38 of the Judiciary Act 1903
52 Evidence of certain matters
53 Conditions of imprisonment
54 Application of certain Acts
54A Collection, use or disclosure of personal information for extradition purposes—the Privacy Act 1988
55 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
