1Extradition Act 1903

EXTRADITION.

No. 12 of 1903.

An Act relating to Extradition.

[Assented to 21st October, 1903.]

Preamble.

Extradition Act 1870 sec. 17.

WHEREAS by the Imperial Act known as the Extradition Act 1870, it is enacted that that Act when applied by Order in Council shall, unless it is otherwise provided by such Order, extend to every British possession, but with the following among other modifications, namely :—No warrant of a Secretary of State shall be required, and all powers vested in or acts authorized or required to be done under that Act by the Police Magistrate and the Secretary of State, or either of them, in relation to the surrender of a fugitive criminal, may be done by the Governor of the British possession alone :

Extradition Act 1870 sec. 18.

And whereas by that Imperial Act it is also enacted that if, by any law made by the Legislature of any British possession, provision is made for carrying into effect within that possession the surrender of fugitive criminals who are in or suspected of being in that possession, the King may by Order in Council direct that such law, or any part thereof, shall have effect in that possession, with or without modifications and alterations, as if it were part' of that Imperial Act:

Extradition Acts 1873 and 1895.

And whereas by other Imperial Acts known as the Extradition Act 1873 and the Extradition Act 1895, it is enacted that those Acts shall be construed as one with the Extradition Act 1870, and that the three Acts may be cited together as the Extradition Acts 1870 to 1895 :

Be it therefore enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows :—

Short title.

1. This Act may be cited as the Extradition Act 1903.

Commencement.

2. This Act shall commence on the day on which the Governor-General makes known by Proclamation that the King has by Order in Council directed that this Act, or any part thereof, shall have effect in the Commonwealth as if it were part of the Extradition Act 1870.

Terms defined in Imperial Extradition Acts.

3. In this Act, unless the contrary intention appears, terms defined in the Extradition Acts 1870 to 1895 have the same meaning as in those Acts.*

Extradition from the Commonwealth.

Powers of the Governor-General in relation to extradition.

4. All powers vested in and acts authorized or required to be done by a Secretary of State, under the Extradition Acts 1870 to 1895, in relation to the surrender of a fugitive criminal, are hereby vested in, and may in the Commonwealth be exercised and done by, the Governor-General, and may in any part of the Commonwealth be exercised and done by any deputy of the Governor-General thereto authorized.