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Although every effort is made to ensure the accuracy of bills homepages, the authoritative sources for verifying the progress of bills are the House of Representatives Votes and Proceedings and the Journals of the Senate.

Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Bill 2011


Type
Government
Originating house
House of Representatives
Status
Act
Portfolio
Justice

Summary

Amends the: Extradition Act 1988 and Mutual Assistance in Criminal Matters Act 1987 to enable Federal Magistrates to perform functions under these Acts; Extradition Act 1988, Migration Act 1958 and Mutual Assistance in Criminal Matters Act 1987 in relation to privacy and information disclosures relating to extradition and mutual assistance processes; Extradition Act 1988 to: limit the jurisdiction to review extradition decisions to the Federal Court of Australia; enable a person to waive the extradition process in certain circumstances; provide that Australia may refuse extradition when a person may be punished, or discriminated against, upon surrender on the basis of their sex or sexual orientation; limit the factors the minister is required to consider before giving a notice accepting an extradition request; enable persons to consent to being extradited for a wider range of offences; enable the minister to give a legally enforceable undertaking as to the maximum sentence that could be imposed on a person before the person is extradited to Australia; enable a person to be prosecuted in any circumstances when Australia has refused extradition; make technical amendments relating to notices; extend the availability of bail in extradition proceedings; and make technical amendments; Extradition Act 1988 and Migration Act 1958 to exempt certain conduct from the definition of ‘political offence’; Mutual Assistance in Criminal Matters Act 1987 to: expand the application of the grounds of refusal to a mutual assistance request from a foreign country; provide that evidence may be taken before an Australian magistrate for live transmission by video link back to a court in a foreign country; and enable non-conviction based proceeds of crime and non-conviction based foreign restraining orders to be registered at the request of any country; Mutual Assistance in Criminal Matters Act 1987 and Telecommunications (Interception and Access) Act 1979 to: provide that lawfully intercepted and accessed information is only provided to foreign countries in certain circumstances; and require the minister to report annually on the provision of this information; Mutual Assistance in Criminal Matters Act 1987 and Surveillance Devices Act 2004 to enable Australia to make and receive requests relating to the use of surveillance devices; Mutual Assistance in Criminal Matters Act 1987 and Crimes Act 1914 to enable forensic material to be obtained from a person in relation to a foreign serious offence at the request of a foreign country; and Migration Act 1958, Mutual Assistance in Criminal Matters Act 1987 and Surveillance Devices Act 2004 to make miscellaneous and technical amendments.

Progress of bill

For committee reference information, please see the Notes section at the end of this page.

House of Representatives
Introduced and read a first time 06/07/11  
Second reading moved 06/07/11  
Referred to Main Committee 15/09/11  
Second reading debate 19/09/11  
Second reading agreed to 19/09/11  
Consideration in detail debate 19/09/11 Amendment details: 6 Government agreed to
Reported from Main Committee 20/09/11  
Third reading agreed to 20/09/11  
     
Senate
Introduced and read a first time 21/09/11  
Second reading moved 21/09/11  
Second reading debate 27/02/12  
Second reading debate 28/02/12  
Second reading agreed to 28/02/12  
Committee of the Whole debate 28/02/12  
Committee of the Whole debate 29/02/12  
Third reading agreed to 29/02/12  
     
Text of bill as passed both Houses 29/02/12  
Assent 20/03/12 Act no.: 7 - Year: 2012
     

Text of bill

  • First reading

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  • Third reading

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  • As passed by both Houses

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Explanatory memoranda

  • Explanatory memorandum

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  • Supplementary explanatory memorandum

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  • Revised explanatory memorandum

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  • Addendum to explanatory memorandum

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Second reading speeches


Proposed amendments

House of Representatives
  • Government [sheet CN215]

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Senate
  • Australian Greens [sheet 7189]
WRIGHT, Sen Penny

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Schedules of amendments

  • Main Committee Schedule

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Bills Digest



Notes
  • Referred to Committee (07/07/2011): House Standing Committee on Social Policy and Legal Affairs; Committee report (12/09/2011)
  • Access information for House of Representatives and Senate committees
  • An electronic version of this Act is available in ComLaw ( www.comlaw.gov.au )