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Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Bill 2011

Schedule 1 General amendments relating to extradition and mutual assistance in criminal matters

Part 1 Amendments relating to Federal Magistrates

Extradition Act 1988

1  Section 5

Insert:

Federal Magistrate , other than in section 45A, means a Federal Magistrate in relation to whom a consent under subsection 45A(1) and a nomination under subsection 45A(2) are in force.

2  Section 5 (before paragraph (a) of the definition of magistrate )

Insert:

                    (aa)  a Federal Magistrate; or

3  Subsection 21(1)

Omit “of a State or Territory”.

4  Subsection 35(1)

Omit “of a State or Territory”.

5  After section 45

Insert:

45A   Federal Magistrates—consent to nomination

             (1)  A Federal Magistrate may, by writing, consent to be nominated by the Attorney-General under subsection (2).

             (2)  The Attorney-General may, by writing, nominate a Federal Magistrate in relation to whom a consent is in force under subsection (1) to be a magistrate for the purposes of this Act.

             (3)  A nomination under subsection (2) is not a legislative instrument.

45B   Magistrates—personal capacity

             (1)  A function or power conferred on a magistrate by this Act is conferred on the magistrate:

                     (a)  in a personal capacity; and

                     (b)  not as a court or a member of a court.

             (2)  A magistrate (other than a Federal Magistrate) need not accept a function or power conferred.

             (3)  A magistrate has, in relation to the performance or exercise of a function or power conferred on the magistrate by this Act, the same protection and immunity as if he or she were exercising that function or power as, or as a member of, the court of which the magistrate is a member.

6  Subparagraph 55(c)(vii)

Omit “of magistrates,”.

Mutual Assistance in Criminal Matters Act 1987

7  Subsection 3(1)

Insert:

Federal Magistrate , other than in section 38ZC, means a Federal Magistrate in relation to whom a consent under subsection 38ZC(1) and a nomination under subsection 38ZC(2) are in force.

8  Subsection 3(1) (before paragraph (a) of the definition of Magistrate )

Insert:

                    (aa)  except in Division 2 of Part VI—a Federal Magistrate; or

9  At the end of section 38C

Add:

             (8)  To avoid doubt, subsections (6) and (7) do not apply if the Magistrate is a Federal Magistrate.

10  Before section 39

Insert:

38ZC   Federal Magistrates—consent to nomination

             (1)  A Federal Magistrate may, by writing, consent to be nominated by the Attorney-General under subsection (2).

             (2)  The Attorney-General may, by writing, nominate a Federal Magistrate in relation to whom a consent is in force under subsection (1) to be a Magistrate for the purposes of this Act.

             (3)  A nomination under subsection (2) is not a legislative instrument.

38ZD   Magistrates—personal capacity

             (1)  A function or power conferred on a Magistrate by this Act is conferred on the Magistrate:

                     (a)  in a personal capacity; and

                     (b)  not as a court or a member of a court.

             (2)  A Magistrate (other than a Federal Magistrate) need not accept a function or power conferred.

             (3)  A Magistrate has, in relation to the performance or exercise of a function or power conferred on the Magistrate by this Act, the same protection and immunity as if he or she were exercising that function or power as, or as a member of, the court of which the Magistrate is a member.

11  Paragraph 44(c)

Omit “of Magistrates,”.



 

Part 2 Amendments relating to information sharing

Extradition Act 1988

12  After section 54

Insert:

54A   Collection, use or disclosure of personal information for extradition purposes—the Privacy Act 1988

             (1)  The collection, use or disclosure of personal information about an individual is taken to be authorised by law for the purposes of the Privacy Act 1988 if the collection, use or disclosure is reasonably necessary for the purposes of the extradition of one or more persons to or from Australia, including making, or considering whether to make, an extradition request.

             (2)  In this section:

personal information has the same meaning as in the Privacy Act 1988 .

Migration Act 1958

13  After paragraph 336E(2)(ga)

Insert:

                   (gb)  is for the purposes of the extradition of persons to or from Australia, including the making of, or the consideration of whether to make, a request for extradition; or

                    (gc)  is for the purposes of:

                              (i)  the provision, or proposed provision, of international assistance in criminal matters by the Attorney-General, or an officer of his or her Department, to a foreign country; or

                             (ii)  the obtaining, or proposed obtaining, of international assistance in criminal matters by the Attorney-General, or an officer of his or her Department, from a foreign country; or

Mutual Assistance in Criminal Matters Act 1987

14  After section 43C

Insert:

43D   Collection, use or disclosure of personal information for international assistance purposes—the Privacy Act 1988

             (1)  The collection, use or disclosure of personal information about an individual is taken to be authorised by law for the purposes of the Privacy Act 1988 if the collection, use or disclosure is reasonably necessary for the purposes of:

                     (a)  the provision, or proposed provision, of international assistance in criminal matters by the Attorney-General, or an officer of his or her Department, to a foreign country; or

                     (b)  the obtaining, or proposed obtaining, of international assistance in criminal matters by the Attorney-General, or an officer of his or her Department, from a foreign country.

             (2)  In this section:

personal information has the same meaning as in the Privacy Act 1988 .