Commonwealth Consolidated Acts

EXTRADITION ACT 1988 - SECT 45

(1)

Where:

(a)

a person who is an Australian citizen engages in conduct outside Australia;

(b)

the person subsequently enters, or is brought into, a State or Territory;

(c)

the conduct does not, apart from this subsection, constitute an offence against a law in force in the State or Territory; and

(d)

if, at the time when the person engaged in the conduct outside Australia, the person had engaged in the conduct, or equivalent conduct, in the State or Territory, the person would have committed an offence against a law in force in the State or Territory;

the person commits an offence against this subsection punishable, upon conviction, by the same penalty as would have been applicable if the person had committed the offence referred to in paragraph (d).

(2)

Subsection (1) applies in relation to:

(a)

conduct engaged in by a person; and

(b)

the entry by a person, or the bringing of a person, into a State or Territory;

either before or after the commencement of this Act.

(3)

Proceedings for the offence shall not take place except with the consent in writing of the Attorney-General.

(4)

The Attorney-General shall only give his or her consent under subsection (3) in relation to the offence if:

(a)

an extradition country has sought the surrender of the person in respect of an extradition offence, or offences including an extradition offence, constituted by the conduct referred to in paragraph (1)(a);

(b)

the Attorney-General has determined under section 22 that the person is not to be surrendered to the extradition country; and

(c)

in so far as the Attorney-General made that determination not to surrender in relation to the extradition offence constituted by the conduct referred to in paragraph (1)(a), the Attorney-General did so only because:

(i)

the person was an Australian citizen when the person engaged in the conduct;

(ii)

the Attorney-General was satisfied that the extradition country would not, if the person were a national of that country who had engaged in the conduct or equivalent conduct in Australia, have surrendered the person to Australia in relation to an offence constituted by the conduct or the equivalent conduct; and

(iii)

the Attorney-General intended to give his or her consent under subsection (3) in respect of an offence constituted by the conduct or equivalent conduct.

(5)

Notwithstanding that consent has not been given in relation to proceedings for an offence in accordance with subsection (3):

(a)

a person may be arrested for the offence, and a warrant for the arrest of a person for the offence may be issued and executed;

(b)

a person may be charged with the offence; and

(c)

a person so charged may be remanded in custody or on bail.