Document ID: chunk:federal_register_of_legislation:C2021C00367:section:5:p1
Version: federal_register_of_legislation:C2021C00367
Segment Type: section
Provision Reference: s 5 (pt 1/3)
Character Range: 6425–9115

5  Interpretation
  In this Act, unless the contrary intention appears:
eligible Judge means a Judge of the Federal Circuit and Family Court of Australia (Division 2) in relation to whom a consent under subsection 45A(1) and a nomination under subsection 45A(2) are in force.
extraditable person has the meaning given by section 6.
extradition arrest warrant means a warrant issued under section 12.
extradition country means:
 (a) any country (other than New Zealand) that is declared by the regulations to be an extradition country; or
 (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; or
 (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 objection has the meaning given by section 7.
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 Australian Capital Territory; or
 (b) a magistrate of a State or the Australian Capital Territory in