Commonwealth Consolidated Acts

EXTRADITION ACT 1988 - SECT 42

Where an extraditable person in relation to Australia is surrendered to Australia by a country (other than New Zealand), the person shall not, unless he or she has left, or has had the opportunity of leaving, Australia or, in a case where the person was surrendered to Australia for a limited period, has been returned to the country:

(a)

be detained or tried in Australia for any offence that is alleged to have been committed, or was committed, before the surrender of the person, other than:

(i)

any offence in respect of which the person was surrendered or any other offence (being an offence for which the penalty is the same or is a shorter maximum period of imprisonment or other deprivation of liberty) of which the person could be convicted on proof of the conduct constituting any such offence; or

(ii)

any other offence in respect of which the country consents to the person being so detained or tried, as the case may be; or

(b)

be detained in Australia for the purposes of being surrendered to another country for trial or punishment for any offence that is alleged to have been committed, or was committed, before the surrender of the person to Australia, other than any other offence in respect of which the country that surrendered the person to Australia consents to the person being so detained and surrendered.