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The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
As passed by both Houses
Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Bill 2012
No. , 2012
A Bill for an Act to amend the law relating to extradition and mutual assistance in criminal matters, and for related purposes
Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Schedule(s)......................................................................................... 4
Schedule 1—General amendments relating to extradition and mutual assistance in criminal matters 5
Part 1—Amendments relating to Federal Magistrates 5
Extradition Act 1988 5
Mutual Assistance in Criminal Matters Act 1987 6
Part 2—Amendments relating to information sharing 8
Extradition Act 1988 8
Migration Act 1958 8
Mutual Assistance in Criminal Matters Act 1987 9
Schedule 2—Amendments relating to extradition 10
Part 1—Statutory appeal of extradition decisions 10
Division 1—Amendments 10
Extradition Act 1988 10
Division 2—Application and transitional provisions 11
Part 2—Waiver of extradition 13
Extradition Act 1988 13
Part 3—Other amendments 19
Division 1—Amendments relating to political offences 19
Extradition Act 1988 19
Migration Act 1958 19
Division 2—Extradition objection on the grounds of sex and sexual orientation 19
Extradition Act 1988 19
Division 3—Notice of receipt of extradition request 20
Extradition Act 1988 20
Division 4—Consent to accessory extradition 20
Extradition Act 1988 20
Division 5—Extradition to Australia from other countries 23
Extradition Act 1988 23
Division 6—Prosecution instead of extradition 24
Extradition Act 1988 24
Division 7—Technical amendments relating to notices 26
Extradition Act 1988 26
Division 8—Amendments relating to remand and bail 30
Extradition Act 1988 30
Division 9—Other minor technical amendments 36
Extradition Act 1988 36
Schedule 3—Amendments relating to providing mutual assistance in criminal matters 45
Part 1—Grounds of refusal 45
Mutual Assistance in Criminal Matters Act 1987 45
Part 2—Video link evidence 48
Mutual Assistance in Criminal Matters Act 1987 48
Part 3—Telecommunications and surveillance devices 54
Division 1—Provision of certain lawfully obtained material 54
Mutual Assistance in Criminal Matters Act 1987 54
Telecommunications (Interception and Access) Act 1979 56
Division 2—Requests for use of surveillance devices 57
Mutual Assistance in Criminal Matters Act 1987 57
Surveillance Devices Act 2004 59
Part 4—Carrying out forensic procedures at the request of a foreign country etc. 64
Crimes Act 1914 64
Mutual Assistance in Criminal Matters Act 1987 74
Part 5—Proceeds of crime 79
Mutual Assistance in Criminal Matters Act 1987 79
Part 6—Other amendments 86
Mutual Assistance in Criminal Matters Act 1987 86
Schedule 4—Contingent technical amendments 89
Migration Act 1958 89
Mutual Assistance in Criminal Matters Act 1987 89
Surveillance Devices Act 2004 91
A Bill for an Act to amend the law relating to extradition and mutual assistance in criminal matters, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Act 2012 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
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Commencement information |
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Column 1 |
Column 2 |
Column 3 |
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Provision(s) |
Commencement |
Date/Details |
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1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table |
The day after this Act receives the Royal Assent. |
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2. Schedule 1 |
A single day to be fixed by Proclamation. However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. |
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3. Schedule 2, items 1 to 34 |
At the same time as the provision(s) covered by table item 2.
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4. Schedule 2, item 35 |
At the same time as the provision(s) covered by table item 2. However, if item 20 of Schedule 1 to the Migration Amendment (Complementary Protection) Act 2011 commences before that time, the provision(s) do not commence at all. |
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5. Schedule 2, items 36 to 139 |
At the same time as the provision(s) covered by table item 2.
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6. Schedule 3, items 1 to 49 |
At the same time as the provision(s) covered by table item 2.
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7. Schedule 3, item 50 |
At the same time as the provision(s) covered by table item 2. However, if item 2 of Schedule 2 to the Cybercrime Legislation Amendment Act 2012 has not commenced before that time, the provision(s) do not commence at all.
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8. Schedule 3, items 51 and 52 |
At the same time as the provision(s) covered by table item 2.
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9. Schedule 3, item 53 |
At the same time as the provision(s) covered by table item 2. However, if item 2 of Schedule 2 to the Cybercrime Legislation Amendment Act 2012 has not commenced before that time, the provision(s) do not commence at all.
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10. Schedule 3, items 54 to 168 |
At the same time as the provision(s) covered by table item 2.
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11. Schedule 4, item 1 |
The later of: (a) the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of item 20 of Schedule 1 to the Migration Amendment (Complementary Protection) Act 2011 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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12. Schedule 4, item 2 |
At the same time as the provision(s) covered by table item 2. However, if item 2 of Schedule 2 to the Cybercrime Legislation Amendment Act 2012 commences before that time, the provision(s) do not commence at all. |
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13. Schedule 4, item 3 |
Immediately after the commencement of item 2 of Schedule 2 to the Cybercrime Legislation Amendment Act 2012 . However, if item 2 of Schedule 2 to the Cybercrime Legislation Amendment Act 2012 does not commence, the provision(s) do not commence at all. |
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14. Schedule 4, item 4 |
At the same time as the provision(s) covered by table item 2. However, if item 2 of Schedule 2 to the Cybercrime Legislation Amendment Act 2012 commences before that time, the provision(s) do not commence at all. |
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Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.