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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

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

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

Australia (shown in purple) 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

Australia has extradition treaties with the following countries:

Albania,[1] Argentina,[2] Austria,[3] Belgium,[4] Bolivia,[5] Bosnia & Herzegovina, Brazil,[6] Cambodia,[7] Canada,[8] Chile,[9] Colombia,[10] Cook Island, Cuba,[11] Czech Republic,[12] Democratic Republic of the Congo,[13] Denmark,[14] Ecuador,[15] El Salvador,[16] Estonia,[17] Finland,[18] Fiji, France,[19] Germany,[20] Greece,[21] Guatemala,[22] Haiti,[23] Hungary,[24] Iceland,[25] Indonesia,[26] Iraq,[27] Ireland,[28] Israel,[29] Italy,[30] Japan, Jordan, Kiribati, Kyrgyzstan, Latvia,[31] Lebanon, Liberia,[32] Lithuania,[33] Luxembourg,[34] Macedonia, Malaysia,[35] Marshall Islands, Mexico,[36] Monaco,[37] Montenegro, Nauru, Netherlands,[38] Nicaragua,[39] Norway,[40] Panama,[41] Papua New Guinea, Paraguay,[42] Peru,[43] Philippines,[44] Poland,[45] Portugal,[46] Romania,[47] Samoa, San Marino,[48] Serbia, Slovakia, Solomon Islands, Slovenia, South Africa,[49] South Korea,[50] Spain,[51] Sweden,[52] Switzerland,[53] Thailand, Tonga, Turkey,[54] Tuvalu, United States of America,[55] United Arab Emirates, Uruguay,[56] Vanuatu, Venezuela.[57]

Countries with which Australia has proposed extradition agreements

There is one country with which Australia is negotiating extradition treaties:

References

  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 January 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. ^ "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.
  11. ^ "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.
  12. ^ "Extradition Treaty between United Kingdom and Czechoslovakia (applies to Australia and some other Dominions of the British Crown)". Retrieved 3 January 2012.
  13. ^ "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 January 2012.
  14. ^ "Extradition Treaty between United Kingdom and Denmark"."Exchange of Notes". 1928. Retrieved 3 January 2012.
  15. ^ "Extradition Treaty between United Kingdom and Ecuador"."Exchange of Notes". 1928. Retrieved 3 January 2012.
  16. ^ "Extradition Treaty between United Kingdom and El Salvador"."Exchange of Notes". 1930. Retrieved 3 January 2012.
  17. ^ "Extradition Treaty between United Kingdom and Estonia (applies to Australia and some other Dominions of the British Crown)". Retrieved 3 January 2012.
  18. ^ "Extradition Treaty between Australia and Finland". Retrieved 3 January 2012.
  19. ^ "Extradition Treaty between Australia and France". Retrieved 3 January 2012.
  20. ^ "Extradition Treaty between Australia and Germany". Retrieved 3 January 2012.
  21. ^ "Extradition Treaty between Australia and Greece". Retrieved 3 January 2012.
  22. ^ "Extradition Treaty between United Kingdom and Guatemala"."Exchange of Notes". 1929. Retrieved 3 January 2012.
  23. ^ "Extradition Treaty between United Kingdom and Haiti"."Exchange of Notes". 1928. Retrieved 3 January 2012.
  24. ^ "Extradition Treaty between Australia and Hungary". Retrieved 3 January 2012.
  25. ^ "Extradition Treaty between United Kingdom and Iceland". 1939. Retrieved 3 January 2012.
  26. ^ "Extradition Treaty between Australia and Indonesia". Retrieved 3 January 2012.
  27. ^ "Extradition Treaty between United Kingdom and Iraq". 1939.
  28. ^ "Extradition Treaty between Australia and Ireland". Retrieved 3 January 2012.
  29. ^ "Extradition Treaty between Australia and Israel". Retrieved 3 January 2012.
  30. ^ "Extradition Treaty between Australia and Italy". Retrieved 3 January 2012.
  31. ^ "Extradition Treaty between Australia and Latvia". Retrieved 3 January 2012.
  32. ^ "Extradition Treaty between United Kingdom and Liberia". 1901. Retrieved 3 January 2012.
  33. ^ "Extradition Treaty between United Kingdom and Lithuania: Exchange of Notes". Retrieved 3 January 2012.
  34. ^ "Extradition Treaty between Australia and Luxembourg". Retrieved 3 January 2012.
  35. ^ "Extradition Treaty between Australia and Malaysia". Retrieved 3 January 2012.
  36. ^ "Extradition Treaty between Australia and Mexico". Retrieved 3 January 2012.
  37. ^ "Extradition Treaty between Australia and Monaco". Retrieved 3 January 2012.
  38. ^ "Extradition Treasy between Australia and Netherlands". Retrieved 3 January 2012.
  39. ^ "Extradition Treaty between United Kingdom and Nicaragua"."Exchange of Notes". 1928. Retrieved 3 January 2012.
  40. ^ "Extradition Treaty between Australia and Norway". Retrieved 3 January 2012.
  41. ^ "Extradition Treaty between United Kingdom and Panama"."Exchange of Notes". 1928. Retrieved 3 January 2012.
  42. ^ "Extradition Treaty between Australia and Paraguay". Retrieved 3 January 2012.
  43. ^ "Extradition Treaty between United Kingdom and Peru"."Exchange of Notes". 1928. Retrieved 3 January 2012.
  44. ^ "Extradition Treaty between Australia and Philippines". Retrieved 3 January 2012.
  45. ^ "Extradition Treaty between Australia and Poland". Retrieved 3 January 2012.
  46. ^ "Extradition Treaty between Australia and Portugal". Retrieved 3 January 2012.
  47. ^ "Extradition Treaty between United Kingdom and Romania". 1901. Retrieved 3 January 2012.
  48. ^ "Extradition Treaty between United Kingdom and San Marino"."Exchange of Notes". 1934. Retrieved 3 January 2012.
  49. ^ "Extradition Treaty between Australia and South Africa". Retrieved 3 January 2012.
  50. ^ "Extradition Treaty between Australia and South Korea". Retrieved 3 January 2012.
  51. ^ "Extradition Treaty between Australia and Spain". Retrieved 3 January 2012.
  52. ^ "Extradition Treaty between Australia and Sweden". Retrieved 3 January 2012.
  53. ^ "Extradition Treaty between Australia and Switzerland". Retrieved 3 January 2012.
  54. ^ "Extradition Treaty between Australia and Turkey". Retrieved 3 January 2012.
  55. ^ "Extradition Treaty between Australia and United States". Retrieved 3 January 2012.
  56. ^ "Extradition Treaty between Australia and Uruguay". Retrieved 3 January 2012.
  57. ^ "Extradition Treaty between Australia and Venezuela". Retrieved 3 January 2012.
  58. ^ Proposed extradition treaty between Australia and Pakistan. Australasian Legal Information Institute (16 March 2000). Retrieved on 3 Jan. 2012.

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