Commonwealth Numbered Acts

EXTRADITION ACT 1988 No. 4 of 1988 - SECT 5

5. 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 the Schedule to the Crimes
               (Hijacking of Aircraft) Act 1972;

        (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 the Schedule
               to the Crimes (Protection of  Aircraft) Act 1973 ;

        (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 ;

        (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;

        (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;

   (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;
of the head of state or head of government of the country or a member of the
family of either such person, being an offence declared by regulations for the
purposes of this paragraph not to be a political offence in relation to the
country; or

   (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.