Extradition law in Australia
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Extradition law in Australia is the formal process under Australian law by which a fugitive found outside one jurisdiction is surrendered to the jurisdiction where an alleged offense has taken place for trial or punishment.
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[edit] Interstate extradition
The power to extradite between and among the States and Territories of Australia is conferred by s 51(xxiv) of the Australian Constitution which says that the Commonwealth Parliament shall, subject to the Constitution, have the power to make laws for the peace, order, and good government of the Commonwealth with respect to (inter alia) the service and execution throughout the Commonwealth of the civil and criminal process and the judgments of the courts of the States.
[edit] Extradition to and from Australia
The Extradition Act 1988 governs the extradition of fugtivies found in Australia to other countries. The law ratifies a series of treaties to which Australia is a party with other countries, either in the right of the Commonwealth of Australia, by being bound by treaties which the United Kingdom executed on behalf of the Commonwealth of Australia, or multilateral treaties to which Australia is a signatory.
[edit] Map of Countries
[edit] Countries with which Australia has concluded extradition agreements
Australia has extradition treaties with the following countries:
- Albania[1], Argentina[2], Austria[3], Belgium[4], Bolivia[5], Brazil[6], Cambodia[7], Chile[8], China[9], Colombia[10], Cuba[11], Czechoslovakia[12], Democratic Republic of the Congo[13], Denmark[14], Ecuador[15], El Salvador[16], Estonia[17], Finland[18], France[19], Germany[20], Greece[21], Guatemala[22], Haiti[23], Hungary[24], Iceland[25], Indonesia[26], Iraq[27], Ireland[28], Israel[29], Italy[30], Latvia[31], Liberia[32], Lithuania[33], Luxembourg[34], Malaysia[35], Mexico[36], Monaco[37], Netherlands[38], Nicaragua[39], Norway[40], Panama[41], Paraguay[42], Peru[43], Philippines[44], Poland[45], Portugal[46], Romania[47], San Marino[48], South Africa[49], South Korea[50], Spain[51], Sweden[52], Switzerland[53], Turkey[54], United States of America[55], Uruguay[56], Venezuela[57].
[edit] Countries with which Australia has proposed extradition agreements
There are several countries in respect of which Australia is negotiating extradition treaties, including:
[edit] External Links
[edit] Footnotes
- ^ Extradition Treaty between Australia and Albania
- ^ Extradition Treaty between Australia and Argentina
- ^ Extradition Treaty between Australia and Austria and as amended
- ^ Extradition Treaty between Australia and Belgium
- ^ Extradition Treaty between United Kingdom and Bolivia and Australian Treaty Series, 1921 ratifying same for Australia
- ^ Extradition Treaty between Australia and Brazil
- ^ Extradition Treaty between Australia and Cambodia
- ^ Extradition Treaty between Australia and Chile
- ^ China Legislature Approves Extradition Treaty with Australia
- ^ Extradition Treaty between United Kingdom (and on behalf of Australia, New Zealand and South Africa) and Colombia
- ^ Extradition treaty between United Kingdom and Cuba and Convention between United Kingdom (and on behalf of Australia, New Zealand and South Africa) and Cuba
- ^ Extradition Treaty between United Kingdom and Czechoslovakia (applies to Australia and some other Dominions of the British Crown)
- ^ Extradition Treaty between United Kingdom and Belgium (extends to Belgian Congo and applies to Australia and some other Dominions of the British Crown)
- ^ Extradition Treaty between United Kingdom and Denmarkand extended to Australia by Exchange of Notes in 1928
- ^ Extradition Treaty between United Kingdom and Ecuador and extended to Australia by Exchange of Notes in 1928
- ^ Extradition Treaty between United Kingdom and El Salvador and extended to Australia by Exchange of Notes in 1930
- ^ Extradition Treaty between United Kingdom and Estonia (applies to Australia and some other Dominions of the British Crown)
- ^ Extradition Treaty between Australia and Finland
- ^ Treaty between Australia and France
- ^ Extradition Treaty between Australia and Germany
- ^ Extradition Treaty between Australia and Greece
- ^ Extradition Treaty between United Kingdom and Guatemala and extended to Australia by Exchange of Notes in 1929
- ^ Extradition Treaty between United Kingdom and Haitiand extended to Australia by Exchange of Notes in 1928
- ^ Extradition Treaty between Australia and Hungary
- ^ Extradition Treaty between United Kingdom and Iceland acceded to and ratified by Australia in 1939
- ^ Extradition Treaty between Australia and Indonesia
- ^ Extradition Treaty between United Kingdom and Iraq acceded to and ratified by Australia in 1939
- ^ Extradition Treaty between Australia and Ireland
- ^ Extradition Treaty between Australia and Israel
- ^ Extradition Treaty between Australia and Italy
- ^ Extradition Treaty between Australia and Latvia
- ^ Extradition Treaty between United Kingdom and Liberia extends automatically to Australia as from 1901
- ^ Extradition Treaty between United Kingdom and Lithuania extends to Australia by Exchange of Notes as set forth in the treaty
- ^ Extradition Treaty between Australia and Luxembourg
- ^ Extradition Treaty between Australia and Malaysia
- ^ Extradition Treaty between Australia and Mexico
- ^ Extradition Treaty between Australia and Monaco
- ^ Extradition Treasy between Australia and Netherlands
- ^ Extradition Treaty between United Kongdom and Nicaragua and extended to Australia by Exchange of Notes in 1928
- ^ Extradition Treaty between Australia and Norway
- ^ Extradition Treaty between United Kingdom and Panama and extended to Australia by Exchange of Notes in 1928
- ^ Extradition Treaty between Australia and Paraguay
- ^ Extradition Treaty between United Kingdom and Peru and extended to Australia by Exchange of Notes in 1928
- ^ Extradition Treaty between Australia and Philippines
- ^ Extradition Treaty between Australia and Poland
- ^ Extradition Treaty between Australia and Portugal
- ^ Extradition Treaty between United Kingdom and Romania (extends automatically to Australia as from 1901)
- ^ Extradition Treaty between United Kingdom and San Marino extended to Australia by Exchange of Notes in 1934
- ^ Extradition Treaty between Australia and South Africa
- ^ Extradition Treaty between Australia and Aouth Korea
- ^ Extradition Treaty between Australia and Spain
- ^ Extradition Treaty between Australia and Sweden
- ^ Extradition Treaty between Australia and Switzerland
- ^ Extradition Treaty between Australia and Turkey
- ^ Extradition Treaty between Australia and United States
- ^ Extradition Treaty between Australia and Uruguay
- ^ Extradition Treaty between Australia and Venezuela
- ^ Proposed extradition treaty between Australia and Pakistan
- ^ Proposed extradition treaty between Australia and Thailand
- ^ Proposed extradition treaty between Australia and United Arab Emirates