Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act, unless the contrary intention appears:
"eligible Judge" means a Judge of the Federal Circuit and Family Court of Australia ( Division 2 ) in relation to whom a consent under subsection 45A(1) and a nomination under subsection 45A(2) are in force.
"extraditable person" has the meaning given by section 6.
"extradition arrest warrant" means a warrant issued under section 12.
"extradition country" means:
(a) any country (other than New Zealand ) that is declared by the regulations to be an extradition country; or
(b) any of the following that is declared by the regulations to be an extradition country:
(i) a colony, territory or protectorate of a country;
(ii) a territory for the international relations of which a country is responsible; or
(c) until the regulations provide that this paragraph does not apply in relation to the foreign state, any foreign state to which the former Foreign Extradition Act applied by virtue of section 9 of that Act.
"extradition objection" has the meaning given by section 7.
"extradition offence" means:
(a) in relation to a country other than Australia --an offence against a law of the country:
(i) for which the maximum penalty is death or imprisonment, or other deprivation of liberty, for a period of not less than 12 months; or
(ii) if the offence does not carry a penalty under the law of the country--the conduct constituting which is, under an extradition treaty in relation to the country, required to be treated as an offence for which the surrender of persons is permitted by the country and Australia; or
(b) in relation to Australia or a part of Australia--an offence against a law of Australia, or a law in force in the part of Australia, for which the maximum penalty is death or imprisonment, or other deprivation of liberty, for a period of not less than 12 months.
"extradition request" means a request in writing by an extradition country for the surrender of a person to the country.
"extradition treaty" , in relation to a country, means a treaty to which the country and Australia are parties (whether or not any other country is also a party), being a treaty relating in whole or in part to the surrender of persons accused or convicted of offences.
"Federal Court" means the Federal Court of Australia.
"former Foreign Extradition Act" means the Extradition (Foreign States) Act 1966 as in force immediately before the commencement of this Act.
"indorsed" New Zealand warrant means a New Zealand warrant that has been indorsed under section 28.
"magistrate" means:
(a) a magistrate of a Territory other than the Australian Capital Territory; or
(b) a magistrate of a State or the Australian Capital Territory in relation to whom an arrangement is in force under section 46; or
(c) a Judge, or an acting Judge, of the Local Court of the Northern Territory in relation to whom an arrangement is in force under section 46.
"New Zealand" warrant means a warrant that purports to be issued by a court, a judge, a magistrate or an officer of a court, of New Zealand , being a warrant for the arrest of a person accused or convicted of an offence against the law of New Zealand .
"offence" includes an offence against a law relating to taxation, customs duties or other revenue matter or relating to foreign exchange control.
"police officer" means a member or special member of the Australian Federal Police or a member of the police force of a State or Territory.
"political offence" , in relation to a country, means an offence against the law of the country that is of a political character (whether because of the circumstances in which it is committed or otherwise and whether or not there are competing political parties in the country), but does not include:
(a) an offence that involves an act of violence against a person's life or liberty; or
(b) an offence prescribed by regulations for the purposes of this paragraph to be an extraditable offence in relation to the country or all countries; or
(c) an offence prescribed by regulations for the purposes of this paragraph not to be a political offence in relation to the country or all countries.
"prison" includes a gaol, lock - up or other place of detention.
"provisional arrest warrant" means a warrant issued under section 29.
"statutory form" , in relation to a warrant, notice, indorsement, application or certificate, means the form of the warrant, notice, indorsement, application or certificate, as the case may be, set out in the regulations.
"surrender offence" , in relation to a person whom the Attorney - General has determined, under subsection 15B(2) or 22(2), is to be surrendered to an extradition country in relation to an extradition offence or offences, means:
(a) that offence or each of those offences; and
(b) in the case of a determination under subsection 22(2)-- any offence of which the Attorney - General has been advised in relation to the person under subsection 20(2).
"surrender warrant" means:
(a) where the expression is used in Part II:
(i) a warrant issued, or required to be issued, under section 23; or
(ii) a warrant issued, or permitted to be issued, under section 25; or
(b) where the expression is used in Part III:
(ia) a warrant issued, or required to be issued, under subparagraph 33A(2)(b)(i); or
(i) a warrant issued, or required to be issued, under paragraph 34(1)(c); or
(ii) a warrant issued, or required to be issued, under subsection 35(2); or
(iii) a warrant issued, or permitted to be issued, under section 37.
"temporary surrender warrant" means:
(a) where the expression is used in Part II--a warrant issued, or permitted to be issued, under subsection 24(1); or
(b) where the expression is used in Part III--a warrant issued, or permitted to be issued, under subsection 36(1).
"treaty" includes a convention, protocol, agreement or arrangement.