Commonwealth Numbered Acts

EXTRADITION (COMMONWEALTH COUNTRIES) AMENDMENT ACT 1985 No. 17 of 1985 - SECT 3

3. Section 4 of the Principal Act is amended -
(a) by omitting from sub-section (1) the definition of "declared
Commonwealth country" and substituting the following definitions:

"'declared Commonwealth country' means a country declared
regulations under sub-section 8 (1) or by notice under
sub-section 8 (3) to be a Commonwealth country in relation
which Part II applies;
'extradition treaty' means a treaty relating to the surrender of
fugitives;
'Federal Court' means the Federal Court of Australia;";

   (b)  by omitting "Chief, Stipendiary, Police, Resident or Special
Magistrate" from paragraphs (a) and (b) of the definition of

"Magistrate" in sub-section (1) and substituting "Magistrate, or as a
Chief, Stipendiary, Police, Resident or Special Magistrate,";

   (c)  by adding at the end of sub-section (1) the following definition:

"'treaty' includes a convention, agreement or arrangement.";

   (d)  by omitting sub-section (1A) and substituting the following
sub-section:

"(1A) An offence against the law of, or of a part of, a declared
Commonwealth country (including an offence against such a law
relating to taxation, customs duties, foreign exchange control or any
other revenue matter) for which a requisition for the surrender of a
person has been made to the Attorney-General is an extradition crime
for the purposes of this Act if, but only if -

   (a)  the maximum penalty for the offence is death or imprisonment
for not less than 12 months; and

   (b)  an act or omission by the person which is, in or in connection
with the requisition for the surrender of the person, alleged to
have taken place or of which evidence is produced in
connection with the requisition for the surrender of the person,
or any equivalent act or omission, would, if it took place, at the
time when the requisition was made, in, or within the
jurisdiction of, the part of Australia where the person is found,
constitute an offence against the law in force in that part of
Australia that -

        (i)    is described in the Schedule; or

        (ii)   would be so described if the description concerned
contained a reference to any intent or state of mind on
the part of the person committing the offence, or to any
circumstance of aggravation, necessary to constitute the
offence."; and

   (e)  by omitting sub-section (3) and substituting the following
        sub-section:

"(3) Where a person has been convicted in the absence of the
person of an offence against the law of, or of a part of, a country other
than Australia, whether or not the conviction is a final conviction,
then, for the purposes of this Act, the person shall be deemed not to
have been convicted of that offence but shall be deemed to be accused
of that offence.".