Extradition law in Australia

Extradition law in Australia permits the formal process by which a fugitive found outside a jurisdiction is surrendered to the jurisdiction where an alleged offence has taken place for trial or punishment.

The power 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.

Interstate extradition procedures are governed by Part 5 of the Service and Execution of Process Act 1992 (Cth), which provides that a person named in an extradition warrant issued in any state may be arrested in accordance with that warrant in another state.

The Extradition Act 1988[4] sets out the requirements that must be met before Australia can make or accept an extradition request, which may be supplemented or varied by requirements contained in a multilateral or bilateral treaty.

[6] Extradition between Australia and New Zealand is governed by a separate and distinct regime, known as the "backing of warrants" system.