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 5   Extradition to Australia from other countries

Extradition Act 1988

46   At the end of Part IV

Add:

44A Persons permanently surrendered to Australia

(1) This section applies if:

(a) a person is surrendered by a country to Australia; and

(b) before the person is surrendered to Australia, the Attorney-General of Australia gives an undertaking to the country:

(i) that life imprisonment will not be imposed on the person; or

(ii) specifying the maximum period of imprisonment that may be imposed on the person;

in the event that the person is found to have committed a particular offence or offences punishable by Australian law.

(2) The person must not, under a law of the Commonwealth, a State or Territory, be sentenced to:

(a) if subparagraph (1)(b)(i) applies - life imprisonment; or

(b) if subparagraph (1)(b)(ii) applies - a period of imprisonment that is more than the period specified in the Attorney-General’s undertaking.

(3) For an offence that is to be prosecuted in a State or Territory, the Attorney-General of Australia must, before giving an undertaking, consult with the Attorney-General of the State or Territory.

(4) If the undertaking mentioned in subsection (1) is given in writing, the undertaking is not a legislative instrument.

(5) To avoid doubt, the undertaking mentioned in subsection (1) must not specify a period that is longer than:

(a) in the event that the person is found to have committed a particular offence - the maximum period of imprisonment that applies to the offence; or

(b) in the event that the person is found to have committed particular offences - the total of each maximum period of imprisonment that applies to each offence.