EXTRADITION ACT 1988 - SECT 5 Interpretation

Commonwealth Consolidated Acts

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EXTRADITION ACT 1988 - SECT 5

Interpretation

In this Act, unless the contrary intention appears:

"extradition country" means:

(a): any country (other than New Zealand) that is declared by the regulations to be an extradition country;
(b): any of the following that is declared by the regulations to be an extradition country:

(i): a colony, territory or protectorate of a country;
(ii): a territory for the international relations of which a country is responsible; and

(c): until the regulations provide that this paragraph does not apply in relation to the foreign state, any foreign state to which the former Foreign Extradition Act applied by virtue of section 9 of that Act.

"extradition offence" means:

(a): in relation to a country other than Australia—an offence against a law of the country:

(i): for which the maximum penalty is death or imprisonment, or other deprivation of liberty, for a period of not less than 12 months; or
(ii): if the offence does not carry a penalty under the law of the country—the conduct constituting which is, under an extradition treaty in relation to the country, required to be treated as an offence for which the surrender of persons is permitted by the country and Australia; or

(b): in relation to Australia or a part of Australia—an offence against a law of Australia, or a law in force in the part of Australia, for which the maximum penalty is death or imprisonment, or other deprivation of liberty, for a period of not less than 12 months.

"extradition request" means a request in writing by an extradition country for the surrender of a person to the country.

"extradition treaty", in relation to a country, means a treaty to which the country and Australia are parties (whether or not any other country is also a party), being a treaty relating in whole or in part to the surrender of persons accused or convicted of offences.

"Federal Court" means the Federal Court of Australia.

"former Foreign Extradition Act" means the Extradition (Foreign States) Act 1966 as in force immediately before the commencement of this Act.

"indorsed New Zealand warrant" means a New Zealand warrant that has been indorsed under section 28.

"magistrate" means:

(a): a magistrate of a Territory other than the Northern Territory or Norfolk Island; or
(b): a magistrate of a State, the Northern Territory or Norfolk Island, being a magistrate in respect of whom an arrangement is in force under section 46.

"New Zealand warrant" means a warrant that purports to be issued by a court, a judge, a magistrate or an officer of a court, of New Zealand, being a warrant for the arrest of a person accused or convicted of an offence against the law of New Zealand.

"offence" includes an offence against a law relating to taxation, customs duties or other revenue matter or relating to foreign exchange control.

"police officer" means a member or special member of the Australian Federal Police or a member of the police force of a State or Territory.

"political offence", in relation to a country, means an offence against the law of the country that is of a political character (whether because of the circumstances in which it is committed or otherwise and whether or not there are competing political parties in the country), but does not include:

(a): an offence that is constituted by conduct of a kind referred to in:

(i): Article 1 of the Convention for the Suppression of Unlawful Seizure of Aircraft, being the convention a copy of the English text of which is set out in Schedule 1 to the Crimes (Aviation) Act 1991 ; or
(ii): Article 1 of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, being the convention a copy of the English text of which is set out in Schedule 2 to the Crimes (Aviation) Act 1991 ; or
(iia): Article 2 of the International Convention for the Suppression of the Financing of Terrorism, done at New York on 9 December 1999; or
(iii): paragraph 1 of Article 2 of the Convention on the Protection and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, being the convention a copy of the English text of which is set out in the Schedule to the Crimes (Internationally Protected Persons) Act 1976 ; or
(iv): Article III of the Convention on the Prevention and Punishment of the Crime of Genocide, being the convention a copy of the English text of which is set out in the Genocide Convention Act 1949 ; or
(v): Article 1 of the International Convention against the Taking of Hostages, being the convention of that title that was adopted by the General Assembly of the United Nations on 17 December 1979; or
(vi): Article 1 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, being the convention of that title that was adopted by the General Assembly of the United Nations on 10 December 1984; or
(vii): Article 3 of the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, a copy of the English text of which is set out in Schedule 1 to the Crimes (Ships and Fixed Platforms) Act 1992 ; or
(viii): Article 2 of the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, a copy of the English text of which is set out in Schedule 2 to the Crimes (Ships and Fixed Platforms) Act 1992 ; or
(ix): Article 2 of the International Convention for the Suppression of Terrorist Bombings, done at New York on 15 December 1997;

(b): an offence constituted by conduct that, by an extradition treaty (not being a bilateral treaty) in relation to the country or any country, is required to be treated as an offence for which a person is permitted to be surrendered or tried, being an offence declared by regulations for the purposes of this paragraph not to be a political offence in relation to the country or all countries;
(c): an offence constituted by:

(i): the murder, kidnapping or other attack on the person or liberty; or
(ii): a threat or attempt to commit, or participation as an accomplice in, a murder, kidnapping or other attack on the person or liberty;

(d): an offence constituted by taking or endangering, attempting to take or endanger or participating in the taking or endangering of, the life of a person, being an offence:

(i): committed in circumstances in which such conduct creates a collective danger, whether direct or indirect, to the lives of other persons; and
(ii): declared by regulations for the purposes of this paragraph not to be a political offence in relation to the country.

"prison" includes a gaol, lock-up or other place of detention.

"provisional arrest warrant" means:

(a): where the expression is used in Part II—a warrant issued under section 12; or
(b): where the expression is used in Part III—a warrant issued under section 29.

"statutory form", in relation to a warrant, notice, indorsement, application or certificate, means the form of the warrant, notice, indorsement, application or certificate, as the case may be, set out in the regulations.

"surrender offence", in relation to a person whom the Attorney-General has determined, under subsection 22(2), is to be surrendered to an extradition country in relation to an extradition offence or offences, means:

(a): that offence or each of those offences; and
(b): any offence of which the Attorney-General has been advised in relation to the person under subsection 20(2).

"surrender warrant" means:

(a): where the expression is used in Part II:

(i): a warrant issued, or required to be issued, under section 23; or
(ii): a warrant issued, or permitted to be issued, under section 25; or

(b): where the expression is used in Part III:

(i): a warrant issued, or required to be issued, under paragraph 34(1)(c);
(ii): a warrant issued, or required to be issued, under subsection 35(2); or
(iii): a warrant issued, or permitted to be issued, under section 37.

"temporary surrender warrant" means:

(a): where the expression is used in Part II—a warrant issued, or permitted to be issued, under subsection 24(1); or
(b): where the expression is used in Part III—a warrant issued, or permitted to be issued, under subsection 36(1).

"treaty" includes a convention, protocol, agreement or arrangement.

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