Extradition law in Australia

Extradition law in Australia

Extradition law in Australia is the formal process under Australian law by which a fugitive found outside one jurisdiction is surrendered to the jurisdiction where an alleged offense has taken place for trial or punishment.

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 United Kingdom executed on behalf of the Commonwealth of Australia, or multilateral treaties to which Australia is a signatory.

Map of Countries

Countries with which Australia has concluded extradition agreements

Australia has extradition treaties with the following countries:
*Albania [ [http://www.austlii.edu.au/au/legis/cth/consol_act/aa1986114/ Extradition Treaty between Australia and Albania] ] , Argentina [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1990/4.html Extradition Treaty between Australia and Argentina] ] , Austria [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1975/16.html Extradition Treaty between Australia and Austria] and [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1987/6.html as amended] ] , Belgium [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1986/24.html Extradition Treaty between Australia and Belgium] ] , Bolivia [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1901/14.html Extradition Treaty between United Kingdom and Bolivia] and [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1901/14.html Australian Treaty Series, 1921] ratifying same for Australia] , Brazil [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1996/15.html Extradition Treaty between Australia and Brazil] ] , Cambodia [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/notinforce/2006/22.html Extradition Treaty between Australia and Cambodia] ] , Chile [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1996/7.html Extradition Treaty between Australia and Chile] ] , China [ [http://english.cri.cn/2946/2008/04/24/1321@349845.htm China Legislature Approves Extradition Treaty with Australia] ] , Colombia [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1930/1.html Extradition Treaty between United Kingdom (and on behalf of Australia, New Zealand and South Africa) and Colombia] ] , Cuba [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1905/2.html Extradition treaty between United Kingdom and Cuba] and [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1931/2.html Convention between United Kingdom (and on behalf of Australia, New Zealand and South Africa) and Cuba] ] , Czechoslovakia [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1927/2.html Extradition Treaty between United Kingdom and Czechoslovakia] (applies to Australia and some other Dominions of the British Crown)] , Democratic Republic of the Congo [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1924/1.html Extradition Treaty between United Kingdom and Belgium] (extends to Belgian Congo and applies to Australia and some other Dominions of the British Crown)] , Denmark [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1924/1.html Extradition Treaty between United Kingdom and Denmark] and extended to Australia by [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1928/12.html Exchange of Notes] in 1928] , Ecuador [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1901/30.html Extradition Treaty between United Kingdom and Ecuador] and extended to Australia by [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1928/13.html Exchange of Notes] in 1928] , El Salvador [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1901/34.html Extradition Treaty between United Kingdom and El Salvador] and extended to Australia by [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1930/3.html Exchange of Notes] in 1930] , Estonia [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1927/4.html Extradition Treaty between United Kingdom and Estonia] (applies to Australia and some other Dominions of the British Crown)] , Finland [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1985/8.html Extradition Treaty between Australia and Finland] ] , France [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1989/27.html Treaty between Australia and France] ] , Germany [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1989/27.html Extradition Treaty between Australia and Germany] ] , Greece [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1991/27.html Extradition Treaty between Australia and Greece] ] , Guatemala [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1901/56.html Extradition Treaty between United Kingdom and Guatemala] and extended to Australia by [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1929/3.html Exchange of Notes] in 1929] , Haiti [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1901/58.html Extradition Treaty between United Kingdom and Haiti] and extended to Australia by [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1928/15.html Exchange of Notes] in 1928] , Hungary [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1997/13.html Extradition Treaty between Australia and Hungary] ] , Iceland [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1939/1.html Extradition Treaty between United Kingdom and Iceland] acceded to and ratified by Australia in 1939] , Indonesia [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1995/7.html Extradition Treaty between Australia and Indonesia] ] , Iraq [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1934/4.html Extradition Treaty between United Kingdom and Iraq] acceded to and ratified by Australia in 1939] , Ireland [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1989/9.html Extradition Treaty between Australia and Ireland] ] , Israel [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1976/2.html Extradition Treaty between Australia and Israel] ] , Italy [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1990/20.html Extradition Treaty between Australia and Italy] ] , Latvia [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/2005/3.html Extradition Treaty between Australia and Latvia] ] , Liberia [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1901/68.html Extradition Treaty between United Kingdom and Liberia] extends automatically to Australia as from 1901] , Lithuania [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1928/18.html Extradition Treaty between United Kingdom and Lithuania] extends to Australia by Exchange of Notes as set forth in the treaty] , Luxembourg [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1988/16.html Extradition Treaty between Australia and Luxembourg] ] , Malaysia [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/2006/20.html Extradition Treaty between Australia and Malaysia] ] , Mexico [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1991/13.html Extradition Treaty between Australia and Mexico] ] , Monaco [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1990/22.html Extradition Treaty between Australia and Monaco] ] , Netherlands [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1988/3.html Extradition Treasy between Australia and Netherlands] ] , Nicaragua [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1906/5.html Extradition Treaty between United Kongdom and Nicaragua] and extended to Australia by [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1928/22.html Exchange of Notes] in 1928] , Norway [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1987/3.html Extradition Treaty between Australia and Norway] ] , Panama [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1907/2.html Extradition Treaty between United Kingdom and Panama] and extended to Australia by [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1928/23.html Exchange of Notes] in 1928] , Paraguay [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1999/7.html Extradition Treaty between Australia and Paraguay] ] , Peru [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1907/3.html Extradition Treaty between United Kingdom and Peru] and extended to Australia by [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1928/25.html Exchange of Notes] in 1928] , Philippines [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1991/5.html Extradition Treaty between Australia and Philippines] ] , Poland [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1999/23.html Extradition Treaty between Australia and Poland] ] , Portugal [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1988/28.html Extradition Treaty between Australia and Portugal] ] , Romania [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1901/89.html Extradition Treaty between United Kingdom and Romania] (extends automatically to Australia as from 1901)] , San Marino [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1901/93.html Extradition Treaty between United Kingdom and San Marino] extended to Australia by [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1934/7.html Exchange of Notes] in 1934] , South Africa [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/2001/19.html Extradition Treaty between Australia and South Africa] ] , South Korea [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1991/3.html Extradition Treaty between Australia and Aouth Korea] ] , Spain [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1988/9.html Extradition Treaty between Australia and Spain] ] , Sweden [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1974/4.html Extradition Treaty between Australia and Sweden] ] , Switzerland [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1991/2.html Extradition Treaty between Australia and Switzerland] ] , Turkey [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/2003/24.html Extradition Treaty between Australia and Turkey] ] , United States of America [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1976/10.html Extradition Treaty between Australia and United States] ] , Uruguay [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1976/10.html Extradition Treaty between Australia and Uruguay] ] , Venezuela [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/1993/35.html Extradition Treaty between Australia and Venezuela] ] .

Countries with which Australia has proposed extradition agreements

There are several countries in respect of which Australia is negotiating extradition treaties, including:
* Pakistan [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/notinforce/1999/40.html Proposed extradition treaty between Australia and Pakistan] ] , Thailand [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/nia/2004/18.html Proposed extradition treaty between Australia and Thailand] ] , United Arab Emirates [ [http://www.austlii.edu.au/cgi-bin/sinodisp/au/other/dfat/treaties/notinforce/2007/16.html Proposed extradition treaty between Australia and United Arab Emirates] ]

External links

* [http://www.austlii.edu.au/au/other/dfat/ Australian Legal Information Institute - Treaty Series]

Footnotes


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