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.