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Preliminary pages

Membership of the Committee

Chair

Mr Graham Perrett MP

Deputy Chair

The Hon Judy Moylan MP

Members

Mr Shayne Neumann MP

 

Ms Michelle Rowland MP

 

Ms Laura Smyth MP

 

The Hon Dr Sharman Stone MP

 

Mr Ross Vasta MP

Committee Secretariat

Secretary

Dr Anna Dacre

Research Officer

Ms Mei-Lin Wang

Terms of reference

On Thursday 7 July 2011, the Selection Committee asked the Committee to inquire into and report on the Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Bill 2011.

List of abbreviations

AHRC

Australian Human Rights Commission

ALA

Australian Lawyers Alliance

CDPP

Commonwealth Director of Public Prosecutions

Crimes Act

Crimes Act 1914

Extradition Act

Extradition Act 1988

HRLC

Human Rights Law Centre

JSCOT

Joint Standing Committee on Treaties

LCA

Law Council of Australia

Mutual Assistance Act

Mutual Assistance in Criminal Matters Act 1987

the Bill

Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Bill 2011

TI product

Telecommunications interception product


List of recommendations

Recommendation 1

 

The Committee recommends that the Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Bill 2011 be passed by the House of Representatives.


Recommendation 2

 

The Committee recommends that the Australian Government give consideration to removing the presumption against bail which operates in the Extradition Act 1988 by allowing individuals to be granted bail only in special circumstances.


Recommendation 3

 

The Committee recommends that the Attorney-General’s Department be required to provide in its annual report a record of any substantive breach of an undertaking given by a foreign country in relation to extradition or mutual assistance processes.

The Committee also recommends that, should a serious breach of an undertaking occur, the Minister for Justice or the Attorney-General be required to immediately report this breach to the Parliament.


Recommendation 4

 

The Committee recommends that, within three years of its enactment, the Attorney-General’s Department conduct a review of the operations of the amendments contained in the Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Bill 2011.

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