- Date
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06 Jul 2011
- Chamber
-
House of Representatives
- Status
-
Act
-
Portfolio
-
Justice
- Summary
-
Amends the:
Extradition Act 1988
and Mutual Assistance in Criminal Matters Act 1987
to enable Federal Magistrates to perform functions under these Acts; Extradition Act 1988
, Migration Act 1958
and Mutual Assistance in Criminal Matters Act 1987
in relation to privacy and information disclosures relating to extradition and mutual assistance processes; Extradition Act 1988
to: limit the jurisdiction to review extradition decisions to the Federal Court of Australia; enable a person to waive the extradition process in certain circumstances; provide that Australia may refuse extradition when a person may be punished, or discriminated against, upon surrender on the basis of their sex or sexual orientation; limit the factors the minister is required to consider before giving a notice accepting an extradition request; enable persons to consent to being extradited for a wider range of offences; enable the minister to give a legally enforceable undertaking as to the maximum sentence that could be imposed on a person before the person is extradited to Australia; enable a person to be prosecuted in any circumstances when Australia has refused extradition; make technical amendments relating to notices; extend the availability of bail in extradition proceedings; and make technical amendments; Extradition Act 1988
and Migration Act 1958
to exempt certain conduct from the definition of ‘political offence’; Mutual Assistance in Criminal Matters Act 1987
to: expand the application of the grounds of refusal to a mutual assistance request from a foreign country; provide that evidence may be taken before an Australian magistrate for live transmission by video link back to a court in a foreign country; and enable non-conviction based proceeds of crime and non-conviction based foreign restraining orders to be registered at the request of any country; Mutual Assistance in Criminal Matters Act 1987
and Telecommunications (Interception and Access) Act 1979
to: provide that lawfully intercepted and accessed information is only provided to foreign countries in certain circumstances; and require the minister to report annually on the provision of this information; Mutual Assistance in Criminal Matters Act 1987
and Surveillance Devices Act 2004
to enable Australia to make and receive requests relating to the use of surveillance devices; Mutual Assistance in Criminal Matters Act 1987
and Crimes Act 1914
to enable forensic material to be obtained from a person in relation to a foreign serious offence at the request of a foreign country; and Migration Act 1958
, Mutual Assistance in Criminal Matters Act 1987
and Surveillance Devices Act 2004
to make miscellaneous and technical amendments.