EXTRADITION (REPEAL AND CONSEQUENTIAL PROVISIONS) ACT 1988
No. 5, 1988
EXTRADITION (REPEAL AND CONSEQUENTIAL PROVISIONS) ACT 1988
No. 5, 1988 -
LONG TITLE
An Act to repeal or amend certain laws in consequence of the
enactment of the Extradition Act 1988, and for related
purposes
EXTRADITION (REPEAL AND CONSEQUENTIAL PROVISIONS) ACT 1988
No. 5, 1988 -
SECT 1
Short title
(Assented to 9 March
1988)
1. This Act may be cited as the Extradition (Repeal and Consequential
Provisions) Act 1988.
(Minister's second reading speech made in-
House of Representatives on 28 October 1987
Senate on 14 December 1987)
EXTRADITION (REPEAL AND CONSEQUENTIAL PROVISIONS) ACT 1988
No. 5, 1988 -
SECT 2
Commencement
2. (1) Subject to this section, this Act shall come into operation on the
day on which the Extradition Act 1988 comes into operation.
(2) This Act, in so far as it provides for the amendment of the Migration
Act 1958 as set out in the Schedule, shall come into operation:
(a) when the Extradition Act 1988 comes into operation; or
(b) immediately after the amendments of the Migration Act 1958 made by the
Mutual Assistance in Criminal Matters (Consequential Amendments) Act 1987 come
into operation;
whichever is the later.
(3) This Act, in so far as it provides for the amendment of the
Telecommunications (Interception) Act 1979 as set out in the Schedule, shall
come into operation:
(a) when the Extradition Act 1988 comes into operation; or
(b) immediately after section 6 of the Telecommunications (Interception)
Amendment Act 1987 comes into operation; whichever is the later.
EXTRADITION (REPEAL AND CONSEQUENTIAL PROVISIONS) ACT 1988
No. 5, 1988 -
SECT 3
Interpretation
3. In this Act:
"commencement time" means the time at which the Extradition Act 1988 came
into operation;
"declared Commonwealth country" means a declared Commonwealth country for
the purposes of the former Commonwealth Extradition Act immediately before the
commencement time;
"foreign state" means a foreign state to which the former Foreign
Extradition Act applied immediately before the commencement time;
"former Act person" means:
(a) a person in relation to whom the following conditions are
satisfied:
(i) before the commencement time, the person consented in
accordance
with subsection 15 (5B) of the former Commonwealth Extradition Act or
proceedings had commenced in relation to the person for the purposes of
subsection 15 (6) of that Act; and
(ii) if this Act and the Extradition Act 1988 had not come into
operation, the former Commonwealth Extradition Act would have had some further
application in relation to the surrender, or possible surrender, of the person
as a result of the consent or proceedings;
(b) a person in relation to whom the following conditions are
satisfied:
(i) before the commencement time, the person consented in
accordance
with subsection 17 (5B) of the former Foreign Extradition Act or proceedings
had commenced in relation to the person for the purposes of subsection 17 (6)
of that Act; and
(ii) if this Act and the Extradition Act 1988 had not come into
operation, the former Foreign Extradition Act would have had some further
application in relation to the surrender, or possible surrender, of the person
as a result of the consent or proceedings;
(c) a person in relation to whom the following conditions are
satisfied:
(i) before the commencement time, proceedings commenced in
relation to the person for the purposes of subsection 26 (5) of the former
Commonwealth Extradition Act; and
(ii) if this Act and the Extradition Act 1988 had not come into
operation, the former Commonwealth Extradition Act would have had some further
application in relation to the surrender, or possible surrender, of the person
as a result of the proceedings; or
(d) a person to whom section 21, 22 or 33AA of the former Commonwealth
Extradition Act or section 18B, 22 or 23 of the former Foreign Extradition Act
applied immediately before the commencement time;
"former Commonwealth Extradition Act" means the Extradition (Commonwealth
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Countries) Act 1966 as in force immediately before the commencement time;
"former Foreign Extradition Act" means the Extradition (Foreign States) Act
1966 as in force immediately before the commencement time.
EXTRADITION (REPEAL AND CONSEQUENTIAL PROVISIONS) ACT 1988
No. 5, 1988 -
SECT 4
Repeal of Acts
4. The Extradition (Commonwealth Countries) Act 1966 and the Extradition
(Foreign States) Act 1966 are repealed.
EXTRADITION (REPEAL AND CONSEQUENTIAL PROVISIONS) ACT 1988
No. 5, 1988 -
SECT 5
Schedule
5. The Acts specified in the Schedule are amended as set out in the
Schedule.
EXTRADITION (REPEAL AND CONSEQUENTIAL PROVISIONS) ACT 1988
No. 5, 1988 -
SECT 6
Continued application of former Acts in certain cases
6. (1) Where a person is a former Act person because paragraph (a), (b), or
(c) of the definition of "former Act person" in section 3 applies, the former
Commonwealth Extradition Act or the former Foreign Extradition Act, as the
case requires, applies, or continues to apply, in relation to the surrender or
possible surrender of the person as a result of the consent or proceedings
referred to in that paragraph as if this Act and the Extradition Act 1988 had
not come into operation.
(2) Where a person is a former Act person because paragraph (d) of the
definition of "former Act person" in section 3 applies, the provisions of the
former Commonwealth Extradition Act or the former Foreign Extradition Act, as
the case requires, referred to in that paragraph continue to apply in relation
to the person as if this Act and the Extradition Act 1988 had not come into
operation.
(3) Where any proceedings under section 33A of the former Commonwealth
Extradition Act or section 27A of the former Foreign Extradition Act had not
concluded before the commencement time, that section continues to apply in
relation to those proceedings as if this Act and the Extradition Act 1988 had
not come into operation.
(4) Any direction of the Attorney-General under the former Commonwealth
Extradition Act or the former Foreign Extradition Act in relation to any
article seized under that Act has effect as if this Act and the Extradition
Act 1988 had not come into operation.
EXTRADITION (REPEAL AND CONSEQUENTIAL PROVISIONS) ACT 1988
No. 5, 1988 -
SECT 7
Continued application of amended Acts in certain cases
7. (1) For the purposes of the Administrative Decisions (Judicial Review)
Act 1977:
(a) any decision under the former Commonwealth Extradition Act or the
former Foreign Extradition Act in its application under subsection 6 (1) or
(2) shall be taken to be a decision included in a class set out in Schedule 1
to the Administrative Decisions (Judicial Review) Act 1977 and not to be a
decision included in a class set out in Schedule 2 to that Act; and
(b) that Act continues to apply in relation to decisions under the former
Commonwealth Extradition Act and the former Foreign Extradition Act made
before the commencement time as if this Act and the Extradition Act 1988 had
not come into operation.
(2) Where any proceedings commence or are continued under the former
Commonwealth Extradition Act or the former Foreign Extradition Act in its
application under subsection 6 (1), (2) or (3), the following provisions
apply, or continue to apply, in relation to those proceedings as if this Act
and the Extradition Act 1988 had not come into operation:
(a) section 15 of the Civil Aviation (Offenders on International Aircraft)
Act 1970;
(b) section 18 of the Crimes (Hijacking of Aircraft) Act 1972;
(c) section 15 of the Crimes (Protection of Aircraft) Act 1973;
(d) section 6 and subsection 9 (6) of the Director of Public Prosecutions
Act 1983;
(e) sections 5B and 6L of the Telecommunications (Interception) Act 1979.
(3) Where any proceedings for the extradition of a person from New Zealand
to Australia had not concluded before the commencement time, sections 5B and
6L of the Telecommunications (Interception) Act 1979 apply, or continue to
apply, in relation to those proceedings as if this Act and the Extradition Act
1988 had not come into operation.
EXTRADITION (REPEAL AND CONSEQUENTIAL PROVISIONS) ACT 1988
No. 5, 1988 -
SECT 8
Application of Extradition Act 1988 to certain former Act instruments etc.
8. (1) Where:
(a) either or both of the following conditions is or are satisfied in
relation to a person:
(i) a warrant for the apprehension of the person was issued before the
commencement time under subsection 14 (1) of the former Commonwealth
Extradition Act;
(ii) a requisition was made before the commencement time to the
Attorney-General for the surrender of the person under that Act;
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(b) the declared Commonwealth country referred to in that subsection or
that made the requisition, as the case may be, is, immediately after the
commencement time, an extradition country within the meaning of the
Extradition Act 1988; and (c) the person is not a former Act person;
then, for the purposes of the application of the Extradition Act 1988 in
relation to the person:
(d) if the warrant referred to in subparagraph (a) (i) was in force
immediately before the commencement time-the warrant shall be taken to be in
force immediately after the commencement time under subsection 12 (1) of the
Extradition Act 1988;
(e) if the requisition referred to in subparagraph (a) (ii) was current
immediately before the commencement time-the requisition shall be taken to be
an extradition request current under the Extradition Act 1988 immediately
after the commencement time;
(f) if any notice was issued in relation to the person in accordance with
paragraph 12 (1) (a) or (b) of the former Commonwealth Extradition Act before
the commencement time and had not been revoked before that time-the notice
shall be taken to have been issued under subsection 16 (1) of the Extradition
Act 1988;
(g) if any warrant issued under section 14B of the former Commonwealth
Extradition Act in relation to an offence to which a requisition for the
surrender of the person related was in force immediately before the
commencement time-the warrant shall be taken to be in force immediately after
the commencement time under section 14 of the Extradition Act 1988; and
(h) if the person was on remand immediately before the commencement time
under subsection 15 (2) of the former Commonwealth Extradition Act-the person
shall be taken to be on remand immediately after the commencement time under
subsection 15 (2) of the Extradition Act 1988.
(2) Where:
(a) either or both of the following conditions is or are satisfied in
relation to a person:
(i) a warrant for the apprehension of the person was issued before the
commencement time under subsection 16 (1) of the former Foreign Extradition
Act;
(ii) a requisition was made before the commencement time to the
Attorney-General for the surrender of the person under that Act;
(b) the foreign State referred to in that subsection or that made the
requisition, as the case may be, is, immediately after the commencement time,
an extradition country within the meaning of the Extradition Act 1988; and
(c) the person is not a former Act person;
then, for the purposes of the application of the Extradition Act 1988 in
relation to the person:
(d) if the warrant referred to in subparagraph (a) (i) was in force
immediately before the commencement time-the warrant shall be taken to be in
force immediately after the commencement time under subsection 12 (1) of the
Extradition Act 1988;
(e) if the requisition referred to in subparagraph (a) (ii) was current
immediately before the commencement time-the requisition shall be taken to be
an extradition request current under the Extradition Act 1988 immediately
after the commencement time;
(f) if any notice was issued in relation to the person in accordance with
paragraph 15 (1) (a) or (b) of the former Foreign Extradition Act before the
commencement time and had not been revoked before that time-the notice shall
be taken to have been issued under subsection 16 (1) of the Extradition Act
1988;
(g) if any warrant issued under section 16B of the former Foreign
Extradition Act in relation to an offence to which a requisition for the
surrender of the person related was in force immediately before the
commencement time-the warrant shall be taken to be in force immediately after
the commencement time under section 14 of the Extradition Act 1988; and
(h) if the person was on remand immediately before the commencement time
under subsection 17 (2) of the former Foreign Extradition Act-the person shall
be taken to be on remand immediately after the commencement time under
subsection 15 (2) of the Extradition Act 1988.
(3) Where:
(a) either or both of the following conditions is or are satisfied in
relation to a person:
(i) a warrant for the apprehension of the person was indorsed before
the
commencement time under section 24 of the former Commonwealth Extradition
Act;
(ii) a warrant for the apprehension of the person was issued before the
commencement time under section 25 of that Act; and
(b) the person is not a former Act person;
then, for the purposes of the application of the Extradition Act 1988 in
relation to the person:
(c) if the warrant referred to in subparagraph (a) (i) was in force
immediately before the commencement time-the warrant shall be taken to have
been indorsed under subsection 28 (1) of that Act;
(d) if the warrant referred to in subparagraph (a) (ii) was in force
immediately before the commencement time-the warrant shall be taken to be in
force immediately after the commencement time under section 29 of that Act;
(e) if any warrant issued under section 25B of the former Commonwealth
Extradition Act in relation to the person was in force immediately before the
commencement time-the warrant shall be taken to be in force immediately after
the commencement time under section 31 of the Extradition Act 1988; and
(f) if the person was on remand immediately before the commencement time
under subsection 26 (2) of the former Commonwealth Extradition Act-the person
shall be taken to be on remand immediately after the commencement time under
subsection 32 (2) of the Extradition Act 1988.
(4) Any certificate issued by the Attorney-General under section 32A of the
former Commonwealth Extradition Act or section 25A of the former Foreign
Extradition Act has effect for the purposes of any proceedings under the
Extradition Act 1988 as if the certificate were issued under section 52 of the
last-mentioned Act.
EXTRADITION (REPEAL AND CONSEQUENTIAL PROVISIONS) ACT 1988
No. 5, 1988 -
SCHEDULE
SCHEDULE
Section
5
AMENDMENTS OF ACTS
Administrative Decisions (Judicial Review) Act 1977
Schedule 1:
Add at the end the following paragraph:
"(r) decisions under the Extradition Act 1988.".
Paragraph (c) of Schedule 2:
Omit "Extradition (Commonwealth Countries) Act 1966" and "Extradition
(Foreign States) Act 1966".
Civil Aviation (Offenders on International Aircraft) Act 1970
Paragraphs 15 (1) (c) and (d):
Omit the paragraphs, substitute the following word and paragraph:
"or (c) the Extradition Act 1988.".
Crimes (Hijacking of Aircraft) Act 1972
Paragraphs 18 (1) (c) and (d):
Omit the paragraphs, substitute the following word and paragraph:
"or (c) under the Extradition Act 1988.".
Crimes (Protection of Aircraft) Act 1973
Paragraphs 15 (1) (c) and (d):
Omit the paragraphs, substitute the following word and paragraph:
"or (c) under the Extradition Act 1988.".
Director of Public Prosecutions Act 1983
Paragraph 6 (1) (k):
Omit "Extradition (Commonwealth Countries) Act 1966 or the
Extradition (Foreign States) Act 1966", substitute "Extradition Act 1988".
Subsection 9 (6):
Omit "Extradition (Commonwealth Countries) Act 1966 or the Extradition
(Foreign States) Act 1966", substitute "Extradition Act 1988".
Migration Act 1958
Subsection 11AB (1):
Before "Mutual Assistance in Criminal Matters Act 1987", insert
"Extradition Act 1988 or the".
Telecommunications (Interception) Act 1979
Paragraph 5B (c):
Omit "section 33A of the Extradition (Commonwealth Countries) Act 1966 or
section 27A of the Extradition (Foreign States) Act 1966", substitute
"section
43 of the Extradition Act 1988".
Paragraph 5B (d):
Omit "New Zealand to Australia, or from".