Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Bill 2011

Type
Government
Portfolio
Justice
Originating house
House of Representatives
Status
Act
Parliament no
43
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.

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Progress

House of Representatives
Introduced and read a first time 06 Jul 2011
Second reading moved 06 Jul 2011
Referred to Main Committee 15 Sep 2011
Second reading debate 19 Sep 2011
Second reading agreed to 19 Sep 2011
Consideration in detail debate
  • Amendment details: 6 Government agreed to
19 Sep 2011
Reported from Main Committee 20 Sep 2011
Third reading agreed to 20 Sep 2011
Senate
Introduced and read a first time 21 Sep 2011
Second reading moved 21 Sep 2011
Second reading debate 27 Feb 2012
Second reading debate 28 Feb 2012
Second reading agreed to 28 Feb 2012
Committee of the Whole debate 28 Feb 2012
Committee of the Whole debate 29 Feb 2012
Third reading agreed to 29 Feb 2012
Text of bill as passed both Houses 29 Feb 2012
Assent
  • Act no.: 7
  • Year: 2012
20 Mar 2012

Documents and transcripts

Text of bill

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Explanatory memoranda

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Proposed amendments

House of representatives

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Senate

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Schedules of amendments

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Bills digest

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Notes

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Helpful information

Text of bill

  • First reading: Text of the bill as introduced into the Parliament
  • Third reading: Prepared if the bill is amended by the house in which it was introduced. This version of the bill is then considered by the second house.
  • As passed by both houses: Final text of bill agreed to by both the House of Representatives and the Senate which is presented to the Governor-General for assent.

Explanatory memoranda

  • Explanatory memorandum: Accompanies and provides an explanation of the content of the introduced version (first reading) of the bill.
  • Supplementary explanatory memorandum: Accompanies and explains amendments proposed by the government to the bill.
  • Revised explanatory memorandum: Accompanies and explains the amended version (third reading) of the bill. It supersedes the explanatory memorandum.

Proposed amendments

Circulated by members and senators when they propose to make changed to the bill. For details about the outcome of proposed amendments please refer to either theĀ Votes and Proceedings (House of Representatives) or the Journals (Senate).

Schedules of amendments

Schedules of amendments list amendments agreed to by the second house are communicated to the first house for consideration. Subsequent action by either house may also be included in a schedule.

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