Document ID: chunk:federal_register_of_legislation:C2004A04007:body:0:p1
Version: federal_register_of_legislation:C2004A04007
Segment Type: other
Provision Reference: 
Character Range: 0–2866

Extradition Amendment Act 1990

No. 76 of 1990

An Act to amend the Extradition Act 1988, and for related purposes

[Assented to 22 October 1990]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the Extradition Amendment Act 1990.

(2) In this Act, "Principal Act" means the Extradition Act 19881.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Interpretative provisions relating to offences

3. Section 10 of the Principal Act is amended by omitting from subsection (3) "subparagraph 16 (2) (a) (i)" and substituting "subparagraph 16 (2) (a) (ii)".

Modification of Act in relation to certain countries

4. (1) Section 11 of the Principal Act is amended:

    (a) by adding at the end of paragraph (1) (b) other than such limitations, conditions, exceptions or qualifications as are necessary to give effect to a multilateral extradition treaty in relation to the country";

(b) by inserting after subsection (1) the following subsections:

    "(1a) The regulations may provide that this Act applies in relation to a specified extradition country subject to such limitations, conditions, exceptions or qualifications as are necessary to give effect to a multilateral extradition treaty in relation to the country.

    "(1b) Regulations may be made under both subsections (1) and (1a) in relation to a specified extradition country.

    "(1c) For the purposes of subsections (1) and (1a), the limitations, conditions, exceptions or qualifications that are necessary to give effect to a treaty may be expressed in the form that this Act applies to the country concerned subject to that treaty.";

(c) by omitting from subsection (2) "subsection (1)" and substituting "subsections (1) and (1a)";

(d) by inserting in subsection (2) "and subsection (1a)" after "and (b)";

    (e) by adding at the end of subsection (3) but only to the extent that they are not inconsistent with limitations, conditions, exceptions or qualifications provided for by regulations under subsection (1a)".

    (2) Regulations to which this subsection applies are to be regarded as if:

    (a) subsections 11 (1a), (1b), (1c) and (3) of the Principal Act, as amended by this Act, had been in force on the date of commencement of the regulations; and

    (b) the regulations had been made on that date under subsection 11 (1a).

(3) Subsection (2) applies to regulations made under paragraph 11 (1) (b) of the Principal Act and providing that that Act applies to a specified extradition country subject to a particular multilateral extradition treaty.

Determination of eligibility for surrender

5. Section 19 of the Principal Act is amended by inserting after subsection (7) the following subsection: