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.