Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Act 2012 (7 of 2012)

Schedule 2   Amendments relating to extradition

Part 3   Other amendments

Division 4   Consent to accessory extradition

Extradition Act 1988

44   After section 19

Insert:

19A Consent to accessory extradition - extradition offences not specified in subsection 16(1) notice etc.

Scope

(1) This section applies if:

(a) a notice under subsection 16(1) has been given in relation to a person in respect of whom an extradition request has been made by an extradition country; and

(b) either:

(i) in proceedings under section 18, the person consents in accordance with that section to being surrendered to the extradition country in relation to the extradition offence or all of the extradition offences to which the notice relates; or

(ii) in proceedings under subsection 19(1), a magistrate determines that the person is eligible for surrender to the extradition country in relation to one or more of the extradition offences to which the notice relates; and

(c) the extradition country requested in the extradition request that the person be surrendered for one or more extradition offences (the additional extradition offences ) that are not specified in the notice.

Consent to being surrendered in respect of the additional extradition offences

(2) If the magistrate is satisfied that there is no extradition objection in relation to any of the additional extradition offences, the magistrate must, in those proceedings, ask the person whether he or she consents to being surrendered to the extradition country in respect of the additional extradition offences.

(3) Before asking the person whether he or she consents to being surrendered in respect of the additional extradition offences, the magistrate must:

(a) either:

(i) be satisfied that the person is legally represented; or

(ii) if the magistrate is not so satisfied - give the person an adequate opportunity to be legally represented; and

(b) inform the person that, if the person is surrendered, the person may be tried and sentenced in the extradition country for any additional extradition offence in relation to which the person gives consent; and

(c) inform the person that the person may be tried and sentenced in the extradition country even though, had the conduct of the person constituting the additional extradition offences, or equivalent conduct, taken place in Australia at the time the extradition request concerned was received, that conduct may not have constituted an extradition offence in relation to Australia.

Magistrate to advise Attorney-General of consent

(4) If the person gives his or her consent to being so surrendered, the magistrate must, unless he or she considers that the consent was not given voluntarily, advise the Attorney-General in writing of the additional extradition offences in respect of which the person has so consented.

Note: The heading to section 20 is altered by adding at the end “ - offences that are not extradition offences ”.