Extradition law in Australia

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Main article: Extradition

Extradition law in Australia is the formal process by which a fugitive found outside a jurisdiction is surrendered to the jurisdiction where an alleged offence has taken place for trial or punishment, under Australian law. This may include a process done within the country or one between Australia and another country.

Interstate extradition[edit]

The power to extradite between and among the states and territories of Australia is conferred by s 51(xxiv) of the Australian Constitution which says that the Commonwealth Parliament shall, subject to the Constitution, have the power to make laws for the peace, order, and good government of the Commonwealth with respect to (inter alia) the service and execution throughout the commonwealth of the civil and criminal process and the judgments of the courts of the states.

Extradition to and from Australia[edit]

The Extradition Act 1988 governs the extradition of fugitives found in Australia to other countries. The law ratifies a series of treaties to which Australia is a party with other countries, either in the right of the Commonwealth of Australia, by being bound by treaties which the UK executed on behalf of the Commonwealth of Australia, or multilateral treaties to which Australia is a signatory.

Map of Countries[edit]

Australia has extradition treaties with the countries shown in blue. Light purple indicates a proposal for one has been made.

Countries with which Australia has concluded extradition agreements[edit]

Australia has extradition treaties with the following countries:

Albania,[1] Argentina,[2] Austria,[3] Belgium,[4] Bolivia,[5] Brazil,[6] Cambodia,[7] Canada,[8] Chile,[9] China,[10] Colombia,[11] Cuba,[12] Czechoslovakia,[13] Democratic Republic of the Congo,[14] Denmark,[15] Ecuador,[16] El Salvador,[17] Estonia,[18] Finland,[19] France,[20] Germany,[21] Greece,[22] Guatemala,[23] Haiti,[24] Hungary,[25] Iceland,[26] Indonesia,[27] Iraq,[28] Ireland,[29] Israel,[30] Italy,[31] Latvia,[32] Liberia,[33] Lithuania,[34] Luxembourg,[35] Malaysia,[36] Mexico,[37] Monaco,[38] Netherlands,[39] Nicaragua,[40] Norway,[41] Panama,[42] Paraguay,[43] Peru,[44] Philippines,[45] Poland,[46] Portugal,[47] Romania,[48] San Marino,[49] South Africa,[50] South Korea,[51] Spain,[52] Sweden,[53] Switzerland,[54] Turkey,[55] US,[56] Uruguay,[57] Venezuela.[58]

Countries with which Australia has proposed extradition agreements[edit]

There are several countries with which Australia is negotiating extradition treaties, including:

In order to gain a majority vote in the Senate for this controversial treaty, the government read a special and unprecedented document entitled Interpretation of Treaty on Extradition Between Australia and the State of the United Arab Emirates[62] into the Senate Hansard record on 26 November 2010. This document purports to bind future Australian Attorneys General, parliaments and courts on an interpretation of the Treaty which recognises the UAE as a regime which tortures prisoners.

References[edit]

  1. ^ "Extradition Treaty between Australia and Albania". Australasian Legal Information Institute. Retrieved 3 January 2012. 
  2. ^ "Extradition Treaty between Australia and Argentina". Australasian Legal Information Institute. Retrieved 3 January 2012. 
  3. ^ "Extradition Treaty between Australia and Austria". "as amended". Retrieved 3 January 2012. 
  4. ^ "Extradition Treaty between Australia and Belgium". Retrieved 3 January 2012. 
  5. ^ "Extradition Treaty between United Kingdom and Bolivia". "Australian Treaty Series". 1921. Retrieved 3 Jan 2012. 
  6. ^ "Extradition Treaty between Australia and Brazil". Retrieved 3 January 2012. 
  7. ^ "Extradition Treaty between Australia and Cambodia". 11 October 2006. Retrieved 3 January 2012. 
  8. ^ "Extradition Treaty between Australia and Canada". Retrieved 3 January 2012. 
  9. ^ "Extradition Treaty between Australia and Chile". Retrieved 3 January 2012. 
  10. ^ "China Legislature Approves Extradition Treaty with Australia". English.cri.cn. Retrieved 3 January 2012. 
  11. ^ "Extradition Treaty between United Kingdom (and on behalf of Australia, New Zealand and South Africa) and Colombia". Australasian Legal Information Institute. Retrieved 3 January 2012. 
  12. ^ "Extradition treaty between United Kingdom and Cuba". "Convention between United Kingdom (and on behalf of Australia, New Zealand and South Africa) and Cuba". Retrieved 3 January 2012. 
  13. ^ "Extradition Treaty between United Kingdom and Czechoslovakia (applies to Australia and some other Dominions of the British Crown)". Retrieved 3 Jan 2012. 
  14. ^ "Extradition Treaty between United Kingdom and Belgium (extends to Belgian Congo and applies to Australia and some other Dominions of the British Crown)". Retrieved 3 Jan 2012. 
  15. ^ "Extradition Treaty between United Kingdom and Denmark". "Exchange of Notes". 1928. Retrieved 3 Jan 2012. 
  16. ^ "Extradition Treaty between United Kingdom and Ecuador". "Exchange of Notes". 1928. Retrieved 3 Jan 2012. 
  17. ^ "Extradition Treaty between United Kingdom and El Salvador". "Exchange of Notes". 1930. Retrieved 3 Jan 2012. 
  18. ^ "Extradition Treaty between United Kingdom and Estonia (applies to Australia and some other Dominions of the British Crown)". Retrieved 3 Jan 2012. 
  19. ^ "Extradition Treaty between Australia and Finland". Retrieved 3 January 2012. 
  20. ^ "Extradition Treaty between Australia and France". Retrieved 3 January 2012. 
  21. ^ "Extradition Treaty between Australia and Germany". Retrieved 3 January 2012. 
  22. ^ "Extradition Treaty between Australia and Greece". Retrieved 3 January 2012. 
  23. ^ "Extradition Treaty between United Kingdom and Guatemala". "Exchange of Notes". 1929. Retrieved 3 Jan 2012. 
  24. ^ "Extradition Treaty between United Kingdom and Haiti". "Exchange of Notes". 1928. Retrieved 3 Jan 2012. 
  25. ^ "Extradition Treaty between Australia and Hungary". Retrieved 3 January 2012. 
  26. ^ "Extradition Treaty between United Kingdom and Iceland". 1939. Retrieved 3 Jan 2012. 
  27. ^ "Extradition Treaty between Australia and Indonesia". Retrieved 3 January 2012. 
  28. ^ "Extradition Treaty between United Kingdom and Iraq". 1939. 
  29. ^ "Extradition Treaty between Australia and Ireland". Retrieved 3 January 2012. 
  30. ^ "Extradition Treaty between Australia and Israel". Retrieved 3 January 2012. 
  31. ^ "Extradition Treaty between Australia and Italy". Retrieved 3 January 2012. 
  32. ^ "Extradition Treaty between Australia and Latvia". Retrieved 3 January 2012. 
  33. ^ "Extradition Treaty between United Kingdom and Liberia". 1901. Retrieved 3 Jan 2012. 
  34. ^ "Extradition Treaty between United Kingdom and Lithuania: Exchange of Notes". Retrieved 3 Jan 2012. 
  35. ^ "Extradition Treaty between Australia and Luxembourg". Retrieved 3 January 2012. 
  36. ^ "Extradition Treaty between Australia and Malaysia". Retrieved 3 January 2012. 
  37. ^ "Extradition Treaty between Australia and Mexico". Retrieved 3 January 2012. 
  38. ^ "Extradition Treaty between Australia and Monaco". Retrieved 3 Jan 2012. 
  39. ^ "Extradition Treasy between Australia and Netherlands". Retrieved 3 Jan 2012. 
  40. ^ "Extradition Treaty between United Kingdom and Nicaragua". "Exchange of Notes". 1928. Retrieved 3 Jan 2012. 
  41. ^ "Extradition Treaty between Australia and Norway". Retrieved 3 Jan 2012. 
  42. ^ "Extradition Treaty between United Kingdom and Panama". "Exchange of Notes". 1928. Retrieved 3 Jan 2012. 
  43. ^ "Extradition Treaty between Australia and Paraguay". Retrieved 3 Jan 2012. 
  44. ^ "Extradition Treaty between United Kingdom and Peru". "Exchange of Notes". 1928. Retrieved 3 Jan 2012. 
  45. ^ "Extradition Treaty between Australia and Philippines". Retrieved 3 Jan 2012. 
  46. ^ "Extradition Treaty between Australia and Poland". Retrieved 3 Jan 2012. 
  47. ^ "Extradition Treaty between Australia and Portugal". Retrieved 3 Jan 2012. 
  48. ^ "Extradition Treaty between United Kingdom and Romania". 1901. Retrieved 3 Jan 2012. 
  49. ^ "Extradition Treaty between United Kingdom and San Marino". "Exchange of Notes". 1934. Retrieved 3 Jan 2012. 
  50. ^ "Extradition Treaty between Australia and South Africa". Retrieved 3 Jan 2012. 
  51. ^ "Extradition Treaty between Australia and South Korea". Retrieved 3 Jan 2012. 
  52. ^ "Extradition Treaty between Australia and Spain". Retrieved 3 Jan 2012. 
  53. ^ "Extradition Treaty between Australia and Sweden". Retrieved 3 Jan 2012. 
  54. ^ "Extradition Treaty between Australia and Switzerland". Retrieved 3 Jan 2012. 
  55. ^ "Extradition Treaty between Australia and Turkey". Retrieved 3 Jan 2012. 
  56. ^ "Extradition Treaty between Australia and United States". Retrieved 3 Jan 2012. 
  57. ^ "Extradition Treaty between Australia and Uruguay". Retrieved 3 Jan 2012. 
  58. ^ "Extradition Treaty between Australia and Venezuela". Retrieved 3 Jan 2012. 
  59. ^ Proposed extradition treaty between Australia and Pakistan. Australasian Legal Information Institute (16 March 2000). Retrieved on 3 Jan. 2012.
  60. ^ Proposed extradition treaty between Australia and Thailand. Australasian Legal Information Institute. Retrieved on 3 Jan. 2012.
  61. ^ Proposed extradition treaty between Australia and United Arab Emirates. Australasian Legal Information Institute (26 July 2007). Retrieved on 3 Jan. 2012.
  62. ^ INTERPRETATION OF TREATY ON EXTRADITION BETWEEN AUSTRALIA AND THE STATE OF THE UNITED ARAB EMIRATES

External links[edit]