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Extradition Act 1988

No. 4, 1988

Compilation No. 15

Compilation date: 1 September 2021

Includes amendments up to: Act No. 13, 2021

Registered: 23 September 2021

About this compilation

This compilation

This is a compilation of the Extradition Act 1988 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents
Part I—Preliminary
1 Short title
2 Commencement
3 Principal objects of Act
4 Exclusion of other laws
5 Interpretation
6 Meaning of extraditable person
7 Meaning of extradition objection
8 Certain places etc. to be part of a country
9 Law of a country
10 Interpretative provisions relating to offences
11 Modification of Act in relation to certain countries
Part II—Extradition from Australia to Extradition Countries
12 Extradition arrest warrants
13 Search and seizure upon arrest
14 Search and seizure warrants
15 Remand
15A Waiver of extradition
15B Attorney‑General must make surrender determination
16 Notice by Attorney‑General
16A Attorney‑General may give an amended notice
17 Release from remand
18 Consent to surrender
19 Determination of eligibility for surrender
19A Consent to accessory extradition—extradition offences not specified in subsection 16(1) notice etc.
20 Consent to accessory extradition—offences that are not extradition offences
21 Review of magistrate's or Judge's order
21A Admission of evidence etc.