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
06 Jul 2011Introduced and read a first time
06 Jul 2011Second reading moved
15 Sep 2011Referred to Main Committee
19 Sep 2011Second reading debate
19 Sep 2011Second reading agreed to
19 Sep 2011Consideration in detail debate

Amendment details: 6 Government agreed to
20 Sep 2011Reported from Main Committee
20 Sep 2011Third reading agreed to
Senate
21 Sep 2011Introduced and read a first time
21 Sep 2011Second reading moved
27 Feb 2012Second reading debate
28 Feb 2012Second reading debate
28 Feb 2012Second reading agreed to
28 Feb 2012Committee of the Whole debate
29 Feb 2012Committee of the Whole debate
29 Feb 2012Third reading agreed to


29 Feb 2012Text of bill as passed both Houses
20 Mar 2012Assent

Act no.: 7

Year: 2012

Documents and transcripts

Text of bill

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Explanatory memoranda

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Transcript of speeches

Proposed amendments

Senate
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House of Representatives
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Schedules of amendments

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Committee Information

No documents at present

Bills Digest PDF Format

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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