{"id":"C1966A00076","name":"Extradition (Foreign States) Act 1966","slug":"extradition-foreign-states-act-1966","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"76 of 1966","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29284,"registerId":"commonwealth-C1966A00076-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Extradition (Foreign States) Act 1966","content":"Extradition (Foreign States)\n\nNo. 76 of 1966\n\nAn Act relating to the Extradition of Criminals to and from Foreign States.\n\n\\[Assented to 29 October 1966\\]\n\nBE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—\n\nPart I.—Preliminary.\n\nShort title.\n\n1. This Act may be cited as the Extradition (Foreign States) Act 1966.\n\nCommencement.\n\n2. This Act shall come into operation on a date to be fixed by Proclamation.\n\nParts.\n\n3. This Act is divided into Parts, as follows:—\n\nPart I.—Preliminary (Sections 1–8).\n\nPart II.—Application of Act (Sections 9–11).\n\nPart III.—Extradition to Foreign States (Sections 12–19).\n\nPart IV.—Extradition from Foreign States (Sections 20–23).\n\nPart V.—Miscellaneous (Sections 24–31).\n\n  \n\nInterpretation.\n\n4.—(1.) In this Act, unless the contrary intention appears—\n\n“Australia” includes all the Territories of the Commonwealth not forming part of the Commonwealth, including the Territory of Nauru;\n\n“extradition crime” means an offence against the law of, or of a part of, a foreign state the act or omission constituting which would, if it took place in, or within the jurisdiction of, the part of Australia where the person accused or convicted of the offence is found, constitute an offence against the law in force in that part of Australia that—\n\n(a) is described in the First Schedule to this Act; or\n\n(b) would be so described if the description concerned contained a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence;\n\n“extradition treaty” means a treaty relating to the surrender of fugitives;\n\n“foreign warrant” means a judicial or other document issued under the law of, or of a part of, a foreign state and authorizing the apprehension of a person;\n\n“fugitive” means a person accused of an extradition crime that is alleged to have been committed, or convicted of an extradition crime that was committed, at a place in a foreign state or within the jurisdiction of, or of a part of, a foreign state;\n\n“Magistrate” means—\n\n(a) a Chief, Stipendiary, Police, Resident or Special Magistrate of a Territory other than the Territory of Nauru;\n\n(b) a Magistrate of the District Court of the Island of Nauru; or\n\n(c) where the Governor-General has made an arrangement with the Governor of a State under section 24 of this Act—a person who holds an office specified in the arrangement;\n\n“prison” includes a gaol, lock-up or other place of detention;\n\n“Territory” means a Territory of the Commonwealth and includes the Territory of Nauru;\n\n“treaty” includes a convention, agreement or arrangement.\n\n(2.) A reference in this Act to a fugitive from a foreign state shall be read as a reference to a fugitive accused of an extradition crime that is alleged to have been committed, or convicted of an extradition crime that was committed, at a place in that state or within the jurisdiction of, or of a part of, that state.\n\n  \n\n(3.) For the purposes of this Act, a person shall be deemed not to have been convicted of an offence against the law of, or of a part of, a foreign state where the conviction is, under that law, a conviction for contumacy, but a person so convicted for contumacy shall be deemed to be accused of an offence against that law.\n\n(4.) For the purposes of this Act, an offence against the law of a foreign state may be regarded as being an offence of a political character notwithstanding that there are not competing: political parties in that state.\n\n(5.) A reference in this Act to the Supreme Court of a Territory shall, in relation to the Territory of Nauru, be read as a reference to the Central Court of the Island of Nauru constituted by the Judge or an Acting Judge of that Court.\n\n(6.) For the purposes of this Act—\n\n(a) a colony, territory or protectorate of a foreign state;\n\n(b) a territory for the international relations of which a foreign state is responsible; and\n\n(c) a ship or aircraft of, or registered in, a foreign state,\n\nshall, unless the contrary intention appears, each be deemed to be within the jurisdiction, and to be part, of that foreign state.\n\nExtension to external Territories.\n\n5. This Act extends to every Territory of the Commonwealth not forming part of the Commonwealth, including the Territory of Nauru.\n\nExclusion of other laws.\n\n6.—(1.) Subject to the next succeeding sub-section, this Act excludes the operation of—\n\n(a) the Imperial Acts known as the Extradition Acts, 1870 to 1935; and\n\n(b) any other laws relating to extradition that were in force in a Territory immediately before the commencement of this Act.\n\n(2.) Nothing in this Act excludes the operation of the Imperial Act known as the Fugitive Offenders Act, 1881.\n\nRepeal of Extradition Acts.\n\n7. The Extradition Act 1903 and the Extradition Act 1933 are repealed.\n\nSaving of warrants in force under Extradition Acts 1870 to 1935.\n\n8. Any warrant in force immediately before the commencement of this Act under the Imperial Acts known as the Extradition Acts, 1870 to 1935, as those Acts applied in the Commonwealth or in a Territory of the Commonwealth not forming part of the Commonwealth, in respect of a fugitive from a foreign state in relation to which this Act applies has effect as if it had been issued in accordance with the form prescribed by this Act by a person\n\n  \n\nhaving authority under this Act to issue such a warrant, and any proceedings instituted before the commencement of this Act under those Imperial Acts as so applied may be continued and dealt with under this Act.\n\nPart II.—Application of Act.\n\nApplication of Act in relation to foreign states to which Extradition Acts, 1870 to 1935 applied.\n\n9.—(1.) Where, immediately before the commencement of this Act—\n\n(a) under an Order in Council in force under the Imperial Acts known as the Extradition Acts, 1870 to 1935, those Acts applied in the case of a foreign state specified in the Order; and\n\n(b) those Acts, as they so applied, extended to the Commonwealth,\n\nthis Act applies in relation to that state.\n\n(2.) If the operation of the Order was subject to any limitations, conditions, exceptions or qualifications, then, subject to this Part, this Act applies in relation to that state subject to those limitations, conditions, exceptions or qualifications.\n\n(3.) The regulations may provide that this Act ceases to apply in relation to a foreign state specified in the regulations, being a foreign state in relation to which this Act applied by virtue of sub\\-section (1.) of this section, and, upon the coming into force of a regulation that so provides, this Act ceases to apply in relation to that state.\n\n(4.) The coming into force of a regulation made for the purposes of the last preceding sub-section in relation to a foreign state does not prevent this Act from again applying in relation to that state by virtue of a regulation made for the purposes of the next succeeding section.\n\nAct may be applied in relation to foreign state by regulation.\n\n10.—(1.) Where, after the commencement of this Act, an extradition treaty (including an extradition treaty that affects or amends an earlier extradition treaty) comes into force between the Commonwealth and a foreign state—\n\n(a) if this Act applies in relation to the foreign state at the time of coming into force of that treaty—the regulations may provide that this Act applies in relation to that state after that time subject to such limitations, conditions, exceptions or qualifications as are necessary or desirable to give effect to that treaty and are specified in the regulations; or\n\n(b) if this Act does not apply in relation to the foreign state at the time of coming into force of that treaty—the regulations may provide that this Act applies in relation to that state after that time and may also\n\n  \n\nprovide that it so applies subject to such limitations, conditions, exceptions or qualifications as are necessary or desirable to give effect to that treaty and are specified in the regulations.\n\n(2.) The limitations, conditions, exceptions or qualifications, referred to in the last preceding sub-section may, in relation to a foreign state, be expressed in the form that this Act applies in relation to that state subject to the extradition treaty referred to in that sub-section.\n\nEffect of regulations applying Act in relation to foreign state.\n\n11.—(1.) Subject to the next succeeding sub-section, where the regulations for the time being in force provide that this Act applies in relation to a foreign state, this Act applies in relation to that state.\n\n(2.) Where the regulations for the time being in force provide that this Act applies in relation to a foreign state subject to any limitations, conditions, exceptions or qualifications, this Act applies in relation to that state subject to those limitations, conditions, exceptions or qualifications.\n\nPart III.—Extradition to Foreign States.\n\nLiability of fugitive to be surrendered.\n\n12. Where this Act applies in relation to a foreign state, every fugitive from that state is liable, subject to this Act and to any limitations, conditions, exceptions or qualifications to which the application of this Act in relation to that state is subject, to be apprehended and surrendered to that state as provided by this Act and is so liable whether the offence to which the requisition for the surrender of the fugitive relates is alleged to have been committed, or was committed, before or after the commencement of this Act or before or after the time when this Act commenced to apply in relation to that state.\n\nRestrictions on surrender of persons to foreign states.\n\n13.—(1.) A person is not liable to be surrendered to a foreign state if the offence to which the requisition for his surrender relates is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character.\n\n(2.) A person is not liable to be surrendered to a foreign state unless provision is made by a law of that state, or by a treaty in force between the Commonwealth and that state, by virtue of which the person will not, unless he has been returned, or has had an opportunity of returning, to Australia—\n\n(a) be detained or tried in that foreign state for any offence that is alleged to have been committed, or was committed, before his surrender other than the offence to which the requisition for his surrender relates or any other offence of which he could be convicted upon proof of the facts on which that requisition was based; or\n\n  \n\n(b) be detained in that foreign state for the purpose of his being surrendered to another country for trial or punishment for any offence that is alleged to have been committed, or was committed, before his surrender to that foreign state other than an offence of which he could be convicted upon proof of the facts on which the requisition referred to in the last preceding paragraph was based.\n\n(3.) A person who is held in custody, or has been admitted to bail, in Australia in respect of an offence that is alleged to have been committed in Australia, or is undergoing a sentence for a conviction in Australia, is not liable to be surrendered to a foreign state until he has been discharged from custody, or the recognizances upon which he was admitted to bail have been discharged, as the case may be, whether as a result of his acquittal, on the expiration of his sentence or otherwise.\n\n(4.) A person is not liable to be surrendered to a foreign state in respect of an offence if he has been acquitted or pardoned by a competent tribunal or authority in any country, or has undergone the punishment provided by the law of, or of a part of, any country, in respect of that offence or of another offence constituted by the same act or omission as that offence.\n\nRestriction on power of Attorney-General to authorize the apprehension, or order the surrender, of a fugitive.\n\n14. The Attorney-General shall not give a notice under sub\\-section (1.) of the next succeeding section, or issue a warrant under sub-section (2.) of section 18 of this Act, in respect of a fugitive from a foreign state in relation to which section 10 of this Act applies, if the Attorney-General has substantial grounds for believing that—\n\n(a) the requisition for the surrender of the fugitive, although purporting to have been made in respect of an offence for which, but for this section, he would be liable to be surrendered to that state, was made for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions; or\n\n(b) if the fugitive is surrendered to that state, he may be prejudiced at his trial, or punished, detained or restricted in his personal liberty, by reason of his race, religion, nationality or political opinions.\n\nNotice by Attorney\\-General.\n\n15.—(1.) Subject to the next succeeding sub-section, where a requisition for the surrender of a fugitive who is, or is suspected of being, in Australia is made to the Attorney-General by a foreign state, the Attorney-General may, in his discretion—\n\n(a) if a warrant for the apprehension of the fugitive has not been issued under the next succeeding section—by notice in writing in accordance with Form 1 in the Second Schedule to this Act and directed to a\n\n  \n\nMagistrate, inform the Magistrate that the requisition has been made and authorize him to issue a warrant for the apprehension of the fugitive; or\n\n(b) if a warrant for the apprehension of the fugitive has been issued under the next succeeding section and a person has been apprehended under the warrant—by notice in writing in accordance with Form 2 in the Second Schedule to this Act and directed to a Magistrate before whom the person may be brought, inform the Magistrate that the requisition has been made.\n\n(2.) If the Attorney-General is of the opinion that the fugitive is not liable to be surrendered to the foreign state, he shall not give a notice under the last preceding sub-section in respect of the fugitive.\n\nIssue of warrants.\n\n16.—(1.) Where—\n\n(a) a Magistrate is authorized by the Attorney-General by a notice under paragraph (a) of sub-section (1.) of the last preceding section to issue a warrant for the apprehension of a fugitive; or\n\n(b) an application is made as prescribed to a Magistrate for the issue of a warrant for the apprehension of a fugitive who is, or is suspected of being, in Australia,\n\nand there is produced to the Magistrate such evidence as would, in his opinion, according to the law in force in the State or Territory of which he is a Magistrate, justify—\n\n(c) the apprehension of the fugitive by a member of the Police Force of that State or Territory without the issue of a warrant; or\n\n(d) the issue of a warrant for the apprehension of the fugitive,\n\nif the act or omission constituting the extradition crime had taken place in, or within the jurisdiction of, that State or Territory, the Magistrate shall issue a warrant for the apprehension of the fugitive in accordance with Form 3 or Form 4, as the case may be, in the Second Schedule to this Act.\n\n(2.) A warrant issued under this section may be executed in any State or Territory.\n\n(3.) Where a Magistrate issues a warrant under this section without having been authorized by the Attorney-General by a notice under paragraph (a) of sub-section (1.) of the last preceding section to issue the warrant, the Magistrate shall forthwith send to the Attorney-General a report stating that he has issued the warrant and the evidence produced to him on the application for the warrant.\n\n  \n\n(4.) It is a sufficient compliance with the last preceding sub\\-section in relation to any evidence consisting of testimony given on oath, or declared or affirmed to be true, by a person if—\n\n(a) where the testimony was given in writing—the Magistrate sends to the Attorney-General a copy of that writing certified by him to be a true copy; or\n\n(b) where the testimony was given orally—\n\n(i) if the testimony has been reduced to writing—the Magistrate sends to the Attorney-General that writing certified by him to be a true record of the testimony; or\n\n(ii) if the testimony has not been reduced to writing—the Magistrate sends to the Attorney-General the notes made by the Magistrate in respect of the testimony and certified by him to be a true summary of the testimony.\n\n(5.) Where the Attorney-General—\n\n(a) receives a report of the issue of a warrant and the evidence as provided by the last two preceding sub\\-sections; or\n\n(b) otherwise becomes aware of the issue of such a warrant,\n\nhe may, if he thinks fit, by order in writing, direct that the warrant be cancelled.\n\n(6.) Where a person has been apprehended under a warrant that is so directed to be cancelled—\n\n(a) if the person is held in custody—the person holding him in custody shall, upon receipt of the order, cause him to be released; or\n\n(b) if he has been admitted to bail—the recognizances upon which he was admitted to bail are, by force of this sub-section, discharged.\n\nProceedings after apprehension of person.\n\n17.—(1.) A person who is apprehended under a warrant issued in pursuance of the last preceding section shall, unless he is sooner released, be brought as soon as practicable before a Magistrate in the State or Territory in which he is apprehended.\n\n(2.) A Magistrate may remand a person brought before him under this section, either in custody or on bail, for a period or periods not exceeding seven days at any one time and, where a Magistrate remands a person for such a period, the person may, at the expiration of the period, be brought before that Magistrate or before any other Magistrate.\n\n(3.) In the application of the succeeding sub-sections of this section in relation to a person who has been apprehended under a warrant issued in pursuance of the last preceding section, the\n\n  \n\nexpression “the Magistrate” means the Magistrate before whom the person is brought after he was apprehended or at the expiration of a period for which he has been remanded under this section, as the case may be.\n\n(4.) If the person was apprehended under a warrant issued otherwise than in pursuance of an authority by the Attorney-General in a notice under paragraph (a) of sub-section (1.) of section 15 of this Act, the Magistrate shall remand the person in accordance with sub-section (2.) of this section until the Magistrate receives a notice under paragraph (b) of sub-section (1.) of section 15 of this Act from the Attorney-General informing the Magistrate that a requisition for the surrender of the person has been made to the Attorney-General by a foreign state.\n\n(5.) Where the Magistrate does not receive such a notice within such time as is reasonable having regard to all the circumstances, the Magistrate shall—\n\n(a) if the person apprehended is held in custody—order that he be released; or\n\n(b) if he has been admitted to bail—make an order discharging the recognizances upon which he was admitted to bail.\n\n(6.) If the person was apprehended under a warrant issued in pursuance of an authority by the Attorney-General in a notice under paragraph (a) of sub-section (1.) of section 15 of this Act or the Magistrate receives a notice by the Attorney-General under paragraph (b) of that sub-section and—\n\n(a) there is produced to the Magistrate a duly authenticated foreign warrant in respect of the person issued in the foreign state that made the requisition for the surrender of the person;\n\n(b) there is produced to the Magistrate—\n\n(i) in the case of a person who is accused of an extradition crime—such evidence as would, in the opinion of the Magistrate, according to the law in force in the State or Territory of which he is a Magistrate, justify the committal for trial of the person if the act or omission constituting that crime had taken place in, or within the jurisdiction of, that State or Territory; or\n\n(ii) in the case of a person who is alleged to have been convicted of an extradition crime—sufficient evidence to satisfy the Magistrate that the person has been convicted of that crime; and\n\n  \n\n(c) the Magistrate is satisfied, after hearing any evidence tendered by the person, that the person is liable to be surrendered to the foreign state that made the requisition for the surrender,\n\nthe Magistrate shall, by warrant in accordance with Form 5 in the Second Schedule to this Act, commit the person to prison to await the warrant of the Attorney-General for his surrender but otherwise shall order that the person be released.\n\n(7.) Where the Magistrate is of the opinion that it would be dangerous to the life or prejudicial to the health of the person to commit him to prison, he may, in lieu of committing him to prison, by warrant, order that he be held in custody at the place where he is for the time being, or at any other place to which the Magistrate considers that he can be removed without danger to his life or prejudice to his health, until such time as he can without such danger or prejudice be committed to prison or he is surrendered and, in such a case, the warrant shall be in accordance with Form 5 in the Second Schedule to this Act with such variations as are necessary to meet the circumstances of the case.\n\n(8.) Where, in pursuance of this section, a Magistrate commits a person to prison or otherwise orders that he be held in custody, he shall forthwith send to the Attorney-General a certificate to that effect and such report, if any, relating to the proceedings as he thinks fit.\n\nSurrender of fugitive to foreign state.\n\n18.—(1.) When, in pursuance of this Act, a Magistrate commits a person (in this section referred to as “the prisoner”) to prison, or otherwise orders that he be held in custody, to await the warrant of the Attorney-General for his surrender to a foreign state, the Magistrate shall inform the prisoner that he will not be surrendered until after the expiration of the period of fifteen days from the date of the committal or order and that, if he asserts that his detention is unlawful, he may apply to a court of competent jurisdiction for a writ of habeas corpus.\n\n(2.) After—\n\n(a) the expiration of the period referred to in the last preceding sub-section; or\n\n(b) if, within that period, an application for a writ of habeas corpus is made by the prisoner and the court to which the application is made or, where an appeal is brought from the decision of that court to another court, the other court does not order that the prisoner be released—the expiration of the period of fifteen days from the date of the decision of the first-mentioned court or the appellate court, as the case may be,\n\n  \n\nwhichever is the later, the Attorney-General may, in his discretion, if he is satisfied that the prisoner is liable to be surrendered to the foreign state, by warrant in accordance with Form 6 in the Second Schedule to this Act or, where the prisoner is held in custody otherwise than at a prison, in accordance with that Form with such variations as are necessary to meet the circumstances of the case, order that the prisoner be delivered into the custody of a person specified in the warrant and be conveyed by that person to a place in the foreign state or within the jurisdiction of, or of a part of, the foreign state and there surrendered to some person appointed by the foreign state to receive him.\n\n(3.) A warrant issued in pursuance of the last preceding sub\\-section may be executed according to its tenor.\n\n(4.) If the prisoner escapes from the custody of the person executing the warrant in or to a State or Territory, he may be retaken in the same manner as a person accused of an offence against the law in force in that State or Territory may be retaken upon an escape from lawful custody.\n\n(5.) Any property in the possession of the prisoner at the time of his apprehension that may be material as evidence in proving the offence to which the requisition for his surrender relates shall, if the Attorney-General so directs, be delivered up with the prisoner on his surrender.\n\nDischarge of fugitive who is not conveyed out of Australia within two months.\n\n19.—(1.) Where a person who, in pursuance of this Part, has been committed to prison, or otherwise ordered to be held in custody, is in custody in Australia at the expiration of two months after—\n\n(a) the date of the committal or order; or\n\n(b) if an application for a writ of habeas corpus has been made by the person—the date of the decision of the court to which the application was made or, where an appeal has been brought from that decision to another court, the date of the decision of the other court,\n\nwhichever is the later, the Supreme Court of the State or Territory in which the person is held in custody, upon application made to it by the person and upon proof that reasonable notice of the intention to make the application has been given to the Attorney-General, shall, unless reasonable cause is shown for the delay, order that the person be released.\n\n(2.) The Supreme Court of each State is invested with federal jurisdiction, and jurisdiction is conferred upon the Supreme Court of each Territory, to hear and determine applications under this section.\n\n  \n\n(3.) The jurisdiction with which the Supreme Court of a State is invested by this section is subject to the conditions and restrictions specified in paragraphs (a), (b) and (c) of sub-section (2.) of section 39 of the Judiciary Act 1903–1966.\n\n(4.) The jurisdiction of a Court for the purposes of this section may be exercised by the Court constituted by a single Judge.\n\nPart IV.—Extradition from Foreign States.\n\nDefinition.\n\n20. In this Part, “extraditable crime” means an offence (wherever committed) against the law in force in Australia or in a part of Australia, being an offence that—\n\n(a) is described in the First Schedule to this Act; or\n\n(b) would be so described if the description concerned contained a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence.\n\nRequisition to foreign state for surrender of person to be made by Attorney-General.\n\n21. Where a person accused or convicted of an extraditable crime is, or is suspected of being, in a foreign state or within the jurisdiction of, or of a part of, a foreign state, the Attorney-General may make a requisition to that state for the surrender of the person.\n\nPerson surrendered may be brought into Australia.\n\n22. Where a person accused or convicted of an extraditable crime is surrendered by a foreign state, the person may be brought into Australia and delivered to the proper authorities to be dealt with according to law.\n\nPerson surrendered by foreign state in respect of an offence not to be prosecuted or detained for other offences.\n\n23. Where a person accused or convicted of an extraditable crime is surrendered by a foreign state, the person shall not, unless he has been returned, or has had an opportunity of returning, to that foreign state—\n\n(a) be detained or tried in Australia for any offence that is alleged to have been committed, or was committed, before his surrender other than the offence to which the requisition for his surrender relates or any other offence of which he could be convicted upon proof of the facts on which that requisition was based; or\n\n(b) be detained in Australia for the purpose of his being surrendered to another country for trial or punishment for any offence that is alleged to have been committed, or was committed, before his surrender to Australia other than an offence of which he could be convicted upon proof of the facts on which the requisition referred to in the last preceding paragraph was based.\n\n  \n\nPart V.—Miscellaneous.\n\nArrangements between Governor General and Governors of States.\n\n24.—(1.) The Governor-General may arrange with the Governor of a State for the performance by all or any of the persons who from time to time hold office as Chief, Stipendiary, Police, Resident or Special Magistrates of that State of the functions of a Magistrate under this Act.\n\n(2.) A copy of each arrangement made under this section shall be published in the Gazette.\n\nJurisdiction of State courts preserved.\n\n25. A matter arising under an extradition treaty shall, for the purposes of section 38 of the Judiciary Act 1903–1966, be deemed not to be a matter arising directly under a treaty.\n\nForeign documents may be admitted in evidence if duty authenticated\n\n26.—(1.) In a proceeding under this Act—\n\n(a) a document, duly authenticated, that purports to set out testimony given on oath, or declared or affirmed to be true, by a person in a proceeding in a foreign state is admissible as evidence of the matters stated in the testimony;\n\n(b) a document, duly authenticated, that purports to have been received in evidence, or to be a copy of a document that has been received in evidence, in a proceeding in a foreign state is admissible in evidence;\n\n(c) a document, duly authenticated, that certifies that a person was convicted on a date specified in the document of an offence against the law of, or of a part of, a foreign state is admissible as evidence of the fact and date of the conviction; and\n\n(d) a document, duly authenticated, that purports to be a foreign warrant is admissible in evidence.\n\n(2.) A document is duly authenticated for the purpose of being admitted in evidence in a proceeding under this Act if—\n\n(a) in the case of a document that purports to set out testimony given, declared or affirmed by a person in a proceeding in a foreign state—the document purports to be certified by a Judge, Magistrate or officer in or of that foreign state to be the original document containing or recording that testimony or a true copy of that original document;\n\n(b) in the case of a document that purports to have been received in evidence, or to be a copy of a document that has been received in evidence, in a proceeding in a foreign state—the document purports to be certified by a Judge, Magistrate or officer in or of that foreign state to have been, or to be a true copy of a document that has been, so received in evidence;\n\n  \n\n(c) in the case of a document that certifies that a person has been convicted in a foreign state of an offence—the document purports to be certified by a Judge, Magistrate or officer in or of that foreign state; or\n\n(d) in the case of a document that purports to be a foreign warrant—the document purports to be signed by a Judge, Magistrate or officer in or of the foreign state in which the document was issued,\n\nand the document purports to be authenticated by the oath of a witness or to be sealed with the official seal of a Minister of State in or of that foreign state.\n\n(3.) Nothing in this section prevents the proof of any matter, or the admission in evidence of any document, in accordance with any other law of the Commonwealth or any law of a State or Territory.\n\nTaking of evidence in respect of criminal matters pending in courts of foreign states.\n\n27.—(1.) The Attorney-General may, by notice in writing, authorize a Magistrate to take evidence for the purposes of a criminal matter pending in a court or tribunal of a foreign state other than a matter relating to an offence that is, by its nature or by reason of the circumstances in which it is alleged to have been committed, an offence of a political character.\n\n(2.) Upon receipt of the notice, the Magistrate shall—\n\n(a) take the evidence of each witness appearing before him to give evidence in relation to the matter in like manner as if the witness were giving evidence on a charge against a person for an indictable offence against the law in force in the State or Territory of which he is a Magistrate;\n\n(b) cause the evidence to be reduced to writing and certify at the end of that writing that the evidence was taken by him; and\n\n(c) cause the writing so certified to be sent to the Attorney-General.\n\n(3.) The evidence of such a witness may be taken in the presence or absence of the person charged with the offence against the law of, or of the part of, the foreign state and the certificate by the Magistrate that the evidence was taken by him shall state whether the person so charged was present or absent when the evidence was taken.\n\n(4.) The laws of each State or Territory with respect to the compelling of persons to attend before a Magistrate, and to give evidence, answer questions and produce documents, upon the hearing of a charge against a person for an offence against the law of that State or Territory apply, so far as they are capable of\n\n  \n\napplication, with respect to the compelling of persons to attend before a Magistrate, and to give evidence, answer questions and produce documents, for the purposes of this section.\n\nConditions of imprisonment.\n\n28. The laws of a State or Territory with respect to—\n\n(a) the conditions of imprisonment of persons imprisoned in that State or Territory to await trial for offences against the law of that State or Territory;\n\n(b) the treatment of such persons during imprisonment; and\n\n(c) the transfer of such persons from prison to prison,\n\napply, so far as they are capable of application, in relation to persons who have been committed to prison in that State or Territory in pursuance of this Act.\n\nApplication of Removal of Prisoners (Territories) Act.\n\n29. The Removal of Prisoners (Territories) Act 1923–1962 applies, with such modifications and adaptations, if any, as are prescribed, to and in relation to a person who has been committed to prison in pursuance of this Act by a Chief, Stipendiary, Police, Resident or Special Magistrate of a Territory in like manner as it applies to and in relation to a person who has been sentenced to imprisonment in that Territory.\n\nForms need not be strictly complied with.\n\n30. Strict compliance with the forms in the Second Schedule to this Act is not required and substantial compliance is sufficient.\n\nRegulations.\n\n31. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular—\n\n(a) prescribing the practice and procedure in relation to the performance by Magistrates of functions under this Act, including the remanding of fugitives either in custody or on bail, the summoning of witnesses, the production of documents, the taking of evidence on oath or affirmation, the administering of oaths or affirmations, the payment of expenses of witnesses and the protection and immunity of Magistrates, of barristers and solicitors appearing before Magistrates and of witnesses; and\n\n(b) prescribing penalties not exceeding a fine of Five hundred dollars for offences against the regulations.\n\n  \n\nTHE SCHEDULES\n\n───\n\nFIRST SCHEDULE Sections 4 and 20.\n\n1. Wilful murder; murder.\n\n2. Manslaughter.\n\n3. An offence against the law relating to abortion.\n\n4. Maliciously or wilfully wounding or inflicting grievous bodily harm.\n\n5. A malicious act with intent to injure passengers on a railway.\n\n6. Assault occasioning actual bodily harm.\n\n7. Assaulting a Magistrate, a peace officer or a public officer.\n\n8. Assault on board a ship or aircraft with intent to destroy life or to do grievous bodily harm.\n\n9. Rape.\n\n10. Unlawful sexual intercourse with a female.\n\n11. Indecent assault.\n\n12. Procuring, or trafficking in, women or young persons for immoral purposes.\n\n13. Bigamy.\n\n14. Kidnapping; abduction; false imprisonment; dealing in slaves.\n\n15. Stealing, abandoning, exposing or unlawfully detaining a child.\n\n16. Bribery.\n\n17. Perjury; subornation of perjury; conspiring to defeat the course of justice.\n\n18. Arson.\n\n19. An offence concerning counterfeit currency.\n\n20. An offence against the law relating to forgery.\n\n21. Stealing; embezzlement; fraudulent conversion; fraudulent false accounting; obtaining property or credit by false pretences; receiving stolen property; any other offence in respect of property involving fraud.\n\n22. Fraud by an agent, bailee, banker, factor or trustee.\n\n23. Burglary; housebreaking; any similar offence.\n\n24. Robbery.\n\n25. Blackmail or extortion by means of threats or by abuse of authority.\n\n26. An offence against the law relating to bankruptcy or insolvency.\n\n27. An offence against the law relating to companies.\n\n28. Maliciously or wilfully damaging property.\n\n29. An act done with the intention of endangering a vehicle, vessel or aircraft.\n\n30. An offence against the law relating to dangerous drugs or narcotics.\n\n31. Piracy.\n\n32. Revolt against the authority of the master of a ship or the commander of an aircraft.\n\n33. Aiding, abetting, counselling or procuring the commission of, being an accessory before or after the fact to, or attempting or conspiring to commit, an offence described in a preceding paragraph of this Schedule.\n\n  \n\nSECOND SCHEDULE\n\nForm 1 Section 15.\n\nCOMMONWEALTH OF AUSTRALIA\n\nExtradition (Foreign States) Act 1966\n\nNotice by Attorney-General.\n\nTo, a Chief \\[Stipendiary, Police, Resident or Special\\] Magistrate of the State of , being a person who holds an office specified in an arrangement made under section 24 of the Extradition (Foreign States) Act 1966.\n\nor\n\nTo a Chief \\[Stipendiary, Police, Resident or Special\\] Magistrate of the Territory of \\[or a Magistrate of the District Court of the Island of Nauru\\].\n\nWhereas a requisition has been made to me, the Attorney-General of the Commonwealth, by , a foreign state in relation to which the Extradition (Foreign States) Act 1966 applies, for the surrender of (in this Notice referred to as “the said fugitive”), who is accused \\[or has been convicted\\] of the offence of alleged to have been committed \\[or committed\\] in \\[or within the jurisdiction of\\] and is, or is suspected of being, in Australia or a Territory of the Commonwealth:\n\nNow therefore i, the Attorney-General of the Commonwealth, inform you that the said requisition has been made and authorize you to issue a warrant for the apprehension of the said fugitive provided that the provisions of the Extradition (Foreign States) Act 1966 relating to the issue of such a warrant have, in your opinion, been complied with.\n\nGiven under my hand at this day of , 19\n\n───\n\nForm 2 Section 15.\n\nCOMMONWEALTH OF AUSTRALIA\n\nExtradition (Foreign States) Act 1966\n\nNotice by Attorney-General\n\nTo , a Chief \\[Stipendiary, Police, Resident or Special\\] Magistrate of the State of , being a person who holds an office specified in an arrangement made under section 24 of the Extradition (Foreign States) Act 1966.\n\nor\n\nTo , a Chief \\[Stipendiary, Police, Resident or Special\\] Magistrate of the Territory of \\[or a Magistrate of the District Court of the Island of Nauru\\].\n\nI, the Attorney-General of the Commonwealth, hereby inform you that a requisition has been made to me by , a foreign state in relation to which the Extradition (Foreign States) Act 1966 applies, for the surrender of , who is accused \\[or has been convicted\\] of the offence of alleged to have been committed \\[or committed\\] in \\[or within the jurisdiction of\\]\n\nGiven under my hand at this day of\n\n,19\n\n  \n\nSecond Schedule—continued\n\nForm 3 Section 16.\n\nCOMMONWEALTH OF AUSTRALIA\n\nExtradition (Foreign States) Act 1966\n\nWarrant of Apprehension\n\nTo all Commonwealth Police Officers and all members of the Police Forces of the States and Territories of the Commonwealth.\n\nWhereas the Attorney-General of the Commonwealth has notified me, a Chief \\[Stipendiary, Police, Resident or Special\\] Magistrate of the State of , being a person who holds an office specified in an arrangement made under section 24 of the Extradition (Foreign States) Act 1966, that a requisition has been made to him for the surrender of (in this Warrant referred to as “the said fugitive”), who is accused \\[or has been convicted\\] of the offence of alleged to have been committed \\[or committed\\] in \\[or within the jurisdiction of\\] and is, or is suspected of being, in Australia or a Territory of the Commonwealth:\n\nor\n\nWhereas the Attorney-General of the Commonwealth has notified me, a Chief \\[Stipendiary, Police, Resident or Special\\] Magistrate of the Territory of \\[or a Magistrate of the District Court of the Island of Nauru\\], that a requisition has been made to him for the surrender of (in this Warrant referred to as “the said fugitive”), who is accused \\[or has been convicted\\] of the offence of alleged to have been committed \\[or committed\\] in \\[or within the jurisdiction of\\] and is, or is suspected of being, in Australia or a Territory of the\n\nCommonwealth:\n\nThis is therefore to authorize and command you forthwith to find the said fugitive in any State or Territory of the Commonwealth and, having found him, to apprehend him and, if he is apprehended in a State, to bring him before any Chief, Stipendiary, Police, Resident or Special Magistrate of that State who holds an office specified in an arrangement made under section 24 of the Extradition (Foreign States) Act 1966, or, if he is apprehended in a Territory of the Commonwealth, to bring him before any Chief, Stipendiary, Police, Resident or Special Magistrate of that Territory or, in the case of the Territory of Nauru, before a Magistrate of the District Court of the Island of Nauru, to show cause why he should not be surrendered to in pursuance of the Extradition (Foreign States) Act 1966.\n\nGiven under my hand at this day of\n\n, 19\n\n———\n\nForm 4 Section 16.\n\nCOMMONWEALTH OF AUSTRALIA\n\nExtradition (Foreign States) Act 1966\n\nWarrant of Apprehension\n\nTo all Commonwealth Police Officers and all members of the Police Forces of the States and Territories of the Commonwealth.\n\nWhereas it has been shown to me, a Chief \\[Stipendiary, Police, Resident or Special\\] Magistrate of the State of , being a person who holds an office specified in an arrangement made under section 24 of the Extradition (Foreign States) Act 1966, that (in this Warrant referred to as “ the said fugitive “) it accused \\[or has been convicted\\] of the offence of alleged to have been committed \\[or committed\\] in \\[or within the jurisdiction of\\] and the said fugitive is, or is suspected of being, in Australia or a Territory of the Commonwealth:\n\nor\n\nWhereas it has been shown to me, a Chief \\[Stipendiary, Police, Resident or Special) Magistrate of the Territory of \\[or a Magistrate of the District Court of the Island of Nauru\\], that (in this Warrant referred to as “the said fugitive”) is accused \\[or has been convicted\\] of the offence of alleged to have been committed \\[or committed\\] in \\[or within the jurisdiction of\\] and the said fugitive is, or is suspected of being, in Australia or a Territory of the Commonwealth:\n\n  \n\nSecond Schedule—continued\n\nForm 4—continued\n\nThis is therefore to authorize and command you forthwith to find the said fugitive in any State or Territory of the Commonwealth and, having found him, to apprehend him and, if he is apprehended in a State, to bring him before any Chief, Stipendiary, Police, Resident or Special Magistrate of that State who holds an office specified in an arrangement made under section 24 of the Extradition (Foreign States) Act 1966, or, if he is apprehended in a Territory of the Commonwealth, to bring him before any Chief, Stipendiary, Police, Resident or Special Magistrate of that Territory or, in the case of the Territory of Nauru, before a Magistrate of the District Court of the Island of Nauru, to be further dealt with according to law.\n\nGiven under my hand at this day of\n\n,19\n\nForm 5 Section 17.\n\nCOMMONWEALTH OF AUSTRALIA\n\nExtradition (Foreign States) Act 1966\n\nWarrant of Commitment\n\nTo all Commonwealth Police Officers in the State \\[or Territory\\] of and all members of the Police Force of that State \\[or Territory\\] and to the Keeper of the Prison at in that State \\[or Territory\\].\n\nWhereas on this day of ,19 (in this Warrant referred to as “the said fugitive”) has been brought before me, a Chief \\[Stipendiary, Police, Resident or Special\\] Magistrate of the State of ,being a person who holds an office specified in an arrangement made under section 24 of the Extradition (Foreign States) Act 1966, to show cause why he should not be surrendered in pursuance of the Extradition (Foreign States) Act 1966 on the ground of his being accused \\[or having been convicted\\] of the offence of alleged to have been committed \\[or committed\\] in \\[or within the jurisdiction of\\] :\n\nor\n\nWhereas on this day of ,19 (in this Warrant referred to as “the said fugitive”) has been brought before me, a Chief \\[Stipendiary, Police, Resident or Special\\] Magistrate of the Territory of \\[or a Magistrate of the District Court of the Island of Nauru\\], to show cause why he should not be surrendered in pursuance of the Extradition (Foreign States) Act 1966 on the ground of his being accused \\[or having been convicted\\] of the offence of alleged to have been committed \\[or committed\\] in \\[or within the jurisdiction of\\]\n\nAnd whereas no sufficient cause has been shown to me why the said fugitive should not be surrendered in pursuance of the Extradition (Foreign States) Act 1966:\n\nThis is therefore to authorize and command—\n\n(a) you, the said police officers, to convey the said fugitive to the prison at in the State \\[or Territory\\] of and deliver him there to the Keeper of the said prison together with this warrant; and\n\n(b) you, the said Keeper, to receive the said fugitive into your custody in the said prison and there safely to keep him until he is delivered therefrom in accordance with law.\n\nGiven under my hand at this day of\n\n,19\n\n  \n\nSecond Schedule—continued\n\nForm 6 Section 18.\n\nCOMMONWEALTH OF AUSTRALIA\n\nExtradition (Foreign States) Act 1966\n\nWarrant for Surrender of Fugitive\n\nTo the Keeper of the Prison at and to\n\nWhereas (in this Warrant referred to as “the said fugitive”), who is accused \\[or has been convicted\\] of the offence of alleged to have been committed \\[or committed\\] in \\[or within the jurisdiction of\\] was delivered into the custody of you the said Keeper by warrant dated the day of , 19 , in pursuance of the Extradition (Foreign States) Act 1966 \\[or the Removal of Prisoners (Territories) Act 1923–1962\\]:\n\nNow therefore I, the Attorney-General of the Commonwealth, in pursuance of the Extradition (Foreign States) Act 1966, order—\n\n(a) you, the said Keeper, to deliver the said fugitive into the custody of the said\n\n;and\n\n(b) you, the said ,to receive the said fugitive into your custody and to convey him to a place in or within the jurisdiction of and there surrender him to some person appointed to receive him.\n\nGiven under my hand at this day of, 19 .","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2843},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This is the original 1966 enactment establishing Australia's extradition framework with foreign states ab initio, replacing earlier Imperial legislation (Extradition Acts 1870-1935) and previous Commonwealth Acts (1903 and 1933)."},"complexity_factors":["9+ defined terms in section 4 including 'extradition crime' which requires dual criminality analysis (offence must be illegal in both jurisdictions)","Conditional activation requiring regulations to designate specific foreign states and incorporate treaty limitations (sections 9-11)","Multi-stage procedural framework involving Attorney-General discretion, magistrate warrants, committal hearings, and judicial surrender warrants","Nested exclusion grounds including political character offences (s.13), speciality rule restrictions (s.13(2)), and discrimination protections (s.14)","Authentication requirements for foreign evidence with four distinct certification methods depending on document type (section 26)","Extensive cross-referencing to State/Territory criminal laws, the Judiciary Act 1903, and the Removal of Prisoners (Territories) Act"],"plain_english_summary":"This Act creates the legal framework for **extradition** — the process where Australia surrenders accused or convicted criminals to foreign countries, and requests their return to face Australian justice.\n\n**How it works:**\n\n- **Which countries?** The Act only applies to specific foreign states named in regulations, typically those with extradition treaties with Australia (Part II).\n\n- **Sending people overseas (Part III):** When a foreign country requests someone accused or convicted of a serious crime listed in the First Schedule (murder, sexual assault, fraud, piracy, etc.), the Attorney-General can authorize a magistrate to issue an arrest warrant. The person gets a court hearing where the magistrate checks:\n  - Is there sufficient evidence to justify trial (or proof of conviction)?\n  - Is the offence an \"extradition crime\" under the Act?\n  - Is it a political offence (which blocks surrender)?\n  - Would the person face persecution based on race, religion, nationality, or political opinion?\n  \n  If approved, the person is held in custody for up to two months awaiting surrender.\n\n- **Key protections:**\n  - **Political offences:** No surrender if the crime is political in nature.\n  - **Speciality rule:** The requesting country generally cannot prosecute the person for different offences committed before surrender (section 13).\n  - **Double jeopardy:** No surrender if the person was already acquitted, pardoned, or punished for that offence elsewhere.\n  - **Local priority:** If someone faces Australian charges or is serving a local sentence, they stay here until that matter concludes.\n\n- **Bringing people to Australia (Part IV):** The Attorney-General can request foreign states to surrender people accused of serious Australian crimes, subject to similar safeguards.\n\n- **Evidence rules:** Foreign documents (warrants, court records, convictions) can be used in Australian hearings if properly authenticated by foreign judges or officials (section 26).\n\n**Who it affects:** Anyone accused of serious cross-border crimes; the Attorney-General; magistrates; and police involved in international law enforcement."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act does not permanently fix the list of foreign states to which it applies. It applies initially to states specified by prior Orders in Council (s9) and expressly allows the Governor‑General to apply or cease the Act’s application to particular foreign states by regulation when a treaty comes into force or otherwise (ss10–11). Regulations (s31) and the power to provide limitations, conditions or qualifications (s10(1)) permit the application of the Act to be expanded, narrowed or altered after commencement, so the practical geographic scope can change from its initial application."},"complexity_factors":["Multiple jurisdictions and actors involved: Commonwealth Attorney‑General, State/Territory Magistrates, police, prisons, and foreign states (ss15–18, 24, 28).","Delegation to regulations and capacity to add or remove foreign states by regulation (ss9–11, 31) creating variable scope over time.","Detailed procedural sequence with time limits, remand increments and habeas corpus interactions (ss16–19).","Closed list of extradition offences in the First Schedule combined with a double‑criminality‑style test in the definition of \"extradition crime\" (s4(1), s20, First Schedule).","Authentication and admissibility rules for foreign documents and foreign evidence‑taking requirements (s26, s27) adding evidentiary complexity.","Interplay between treaty obligations and statutory application permitting tailored limitations, conditions or qualifications when treaties come into force (s10).","Forms and reporting obligations for Magistrates and the Attorney‑General with certification and return requirements (Second Schedule, ss16(3)–(4), 17(8)).","Prescribed interaction with existing Imperial legislation and other Acts (ss6–8, 29) requiring attention to historical instruments and statutory savings."],"plain_english_summary":"# What this Act does, who it affects, and how it works\n\n- Mechanically, the Extradition (Foreign States) Act 1966 sets out the legal process by which a person accused or convicted of certain crimes can be: (a) arrested and surrendered from Australia to a foreign state that the Act applies to (Parts II–III); and (b) requested from a foreign state to be surrendered to Australia (Part IV). The Act defines which offences are covered (the First Schedule) and prescribes the roles, document forms and steps for Magistrates, police and the Attorney-General to follow (see sections 4, 12, 16–18, First Schedule, Second Schedule).\n\n- Who it affects\n  - A person accused or convicted abroad (a \"fugitive\") who is in Australia and whose alleged or actual offence is one described in the First Schedule (definition of \"extradition crime\" in s4(1)).\n  - The Attorney-General of the Commonwealth, who makes key decisions on whether to act on a foreign requisition, to authorize Magistrates to issue arrest warrants, to cancel warrants, and to sign surrender warrants (ss15, 16(5), 18).\n  - Magistrates and police who issue and execute warrants and who hear committal proceedings and remand decisions (ss15–18).\n  - State and Territory courts and prison authorities responsible for custody, remand, and applications for release where statutory time limits are exceeded (ss17–19, 28).\n  - Foreign states that make requisitions to Australia and those to which Australia may make requisitions (Parts II, IV).\n\n- Official purpose-claim and how the Act pursues it\n  - The Act’s stated purpose is to regulate surrender of criminals to and from foreign states. It pursues this through: (a) a closed list of extradition offences (First Schedule, s4(1), s20); (b) procedural rules for arrest, committal, remand, surrender, and return (ss15–19, Second Schedule); and (c) rules for admitting foreign documents and taking evidence to support proceedings (s26, s27).\n\n- Key legal limits and protections\n  - Political‑offence bar: a person will not be surrendered where the offence is of a political character (s13(1)).\n  - Non‑exposure rule: the person will not be surrendered unless the foreign law or treaty provides that, unless returned or given a chance to return, they will not be tried or detained for other pre‑existing offences (s13(2)); a reciprocal restriction applies where Australia receives a person from a foreign state (s23).\n  - Non‑surrender where prosecution would target race/religion/nationality/political opinions: the Attorney‑General must not authorize apprehension or surrender if he or she has substantial grounds to believe the requisition is for those purposes or surrender would expose the person to such prejudice (s14).\n  - Habeas corpus and timing protections: detained persons are informed of their right to seek habeas corpus and statutory timeframes (15 days before surrender after committal (s18); release if not conveyed out of Australia within two months unless reasonable cause shown (s19)).\n\n- Who pays / who bears costs\n  - The Act does not specify appropriation or fees. Practically, the Commonwealth and State and Territory criminal justice agencies carry the administrative, policing, detention and court costs created by arrest, remand, hearings and transfers (see the roles and duties assigned to Commonwealth Attorney‑General (s15, s18, s21), Magistrates (ss16–17, 27), police and prison keepers (Forms in Second Schedule, ss17–18, 28)). The detained person bears the loss of liberty while proceedings and any transfers proceed (ss17–19, 18(2)).\n\n- Who decides (discretion and decision points)\n  - Attorney‑General: discretion to authorize notice to Magistrates to issue warrants (s15), to decide not to notify if person not liable (s15(2)), to cancel warrants after being informed (s16(5)), to issue surrender warrants once statutory periods and any habeas corpus proceedings are resolved (s18(2)).\n  - Magistrates: discretion to issue arrest warrants when threshold evidence is produced (s16), to remand in custody or on bail (s17(2)), to commit to await Attorney‑General’s surrender warrant when satisfied of liability (s17(6)), to send reports and evidence to the Attorney‑General (s16(3)–(4), s17(8)).\n  - Regulations and intergovernmental arrangements: Governor‑General may make regulations on procedure (s31) and may provide for the Act to apply to additional or fewer foreign states by regulation (ss9–11). The Governor‑General may arrange for State Magistrates to exercise federal extradition functions (s24).\n\n- Compliance burden and implementation steps\n  - Evidence and authentication: foreign warrants, convictions and testimony must be duly authenticated to be admissible (s26(1)–(2)), imposing documentary and certification steps on foreign authorities and Australian officials who receive them.\n  - Magistrates must examine threshold evidence under local law standards (s16(1)(c)–(d)), produce certified records or summaries of oral testimony for the Attorney‑General (s16(4)), and provide certificates/reports when committing a person (s17(8)).\n  - Courts and prison authorities must apply local laws on remand conditions, treatment, and transfers (s28) and the Removal of Prisoners (Territories) Act applies for territorial transfers subject to prescribed modifications (s29).\n  - Regulations may prescribe detailed practice and penalties (s31), so day‑to‑day compliance depends on further subordinate rules.\n\n- Incentives, trade‑offs and opportunity costs (mechanical effects)\n  - The Act concentrates the power to permit arrest and surrender in the Attorney‑General, creating a single point of executive discretion (ss15, 18). This centralisation limits immediate local automaticity but requires coordination between Commonwealth and State/Territory officers and courts (ss15–18, 24).\n  - The requirement that alleged conduct correspond to offences listed in the First Schedule (s4(1), s20, First Schedule) narrows extradition to certain crimes; changing the list or extending application to new states requires regulations (ss9–11, 31). That design limits which foreign requests will proceed under this Act but transfers to regulation the flexibility to change scope.\n  - Administrative resources are required for authentication of foreign documents (s26), for taking evidence at the request of foreign courts (s27), and for custody and transfer logistics (ss17–19, Second Schedule), which shifts public service capacity away from other tasks.\n\n- Implementation risks and substitution effects\n  - The Act depends on interjurisdictional cooperation (Commonwealth Attorney‑General, State/Territory Magistrates, police and prisons) and on the availability of authenticated foreign materials; failures in those channels can delay or prevent surrender (ss15–18, 26–27).\n  - Where the Act does not apply to a particular foreign state (or ceases to apply by regulation), extradition would need to proceed under other laws or agreements not contained in this Act (ss9–11).\n\n- Concrete behavioural changes enforced by the Act\n  - Australian police and Magistrates will arrest, remand and process persons against whom foreign requisitions are made only when judicial thresholds and Attorney‑General authorizations are satisfied (ss15–17).\n  - The Attorney‑General will exercise the discretion to accept, refuse or cancel steps toward surrender, guided by statutory protections (ss14–15, 18).\n  - Detained individuals can seek habeas corpus and have time‑based protections against prolonged detention pending transfer (ss18–19).\n\n- Short statement of legal mechanics and limits\n  - Extradition requires (a) that the alleged or actual offence falls within the Act’s list (First Schedule, s4(1), s20); (b) a foreign requisition and a duly authenticated foreign warrant and supporting evidence (ss15–17, 26); (c) Magistrate committal where local threshold is met (s17(6)); (d) statutory waiting periods and opportunity for habeas corpus (s18); and (e) Attorney‑General warrant for final surrender (s18(2)).\n\n(References in parentheses are to the sections of the Act quoted above.)"}},"importantCases":[],"_links":{"self":"/api/acts/extradition-foreign-states-act-1966","history":"/api/acts/extradition-foreign-states-act-1966/history","analysis":"/api/acts/extradition-foreign-states-act-1966/analysis","conflicts":"/api/acts/extradition-foreign-states-act-1966/conflicts","importantCases":"/api/acts/extradition-foreign-states-act-1966/important-cases","documents":"/api/acts/extradition-foreign-states-act-1966/documents"}}