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House of Representatives
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Preliminary pages
Membership of the Committee
Chair
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Mr Graham Perrett MP
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Deputy
Chair
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The Hon Judy Moylan MP
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Members
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Mr Shayne Neumann MP
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Ms Michelle Rowland MP
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Ms Laura Smyth MP
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The Hon Dr Sharman Stone MP
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Mr Ross Vasta MP
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Committee Secretariat
Secretary
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Dr Anna Dacre
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Research
Officer
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Ms Mei-Lin Wang
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Terms of reference
On Thursday 7 July 2011, the Selection Committee asked the
Committee to inquire into and report on the Extradition and Mutual Assistance
in Criminal Matters Legislation Amendment Bill 2011.
List of abbreviations
AHRC
|
Australian Human Rights
Commission
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ALA
|
Australian Lawyers Alliance
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CDPP
|
Commonwealth Director of Public
Prosecutions
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Crimes Act
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Crimes Act 1914
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Extradition Act
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Extradition Act 1988
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HRLC
|
Human Rights Law Centre
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JSCOT
|
Joint Standing Committee on
Treaties
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LCA
|
Law Council of Australia
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Mutual Assistance Act
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Mutual Assistance in Criminal
Matters Act 1987
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the Bill
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Extradition and Mutual Assistance
in Criminal Matters Legislation Amendment Bill 2011
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TI product
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Telecommunications interception
product
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List of recommendations
Recommendation 1 |
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The Committee recommends that the Extradition and Mutual
Assistance in Criminal Matters Legislation Amendment Bill 2011 be passed by the
House of Representatives. |
Recommendation 2 |
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The Committee recommends that the Australian Government give
consideration to removing the presumption against bail which operates in the Extradition
Act 1988 by allowing individuals to be granted bail only in special
circumstances. |
Recommendation 3 |
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The Committee recommends that the Attorney-General’s
Department be required to provide in its annual report a record of any
substantive breach of an undertaking given by a foreign country in relation to extradition
or mutual assistance processes.
The Committee also recommends that, should a serious breach of
an undertaking occur, the Minister for Justice or the Attorney-General be
required to immediately report this breach to the Parliament. |
Recommendation 4 |
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The Committee recommends that, within three years of its
enactment, the Attorney-General’s Department conduct a review of the operations
of the amendments contained in the Extradition and Mutual Assistance in
Criminal Matters Legislation Amendment Bill 2011. |
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