Commonwealth of Australia Explanatory Memoranda

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EXTRADITION AND MUTUAL ASSISTANCE IN CRIMINAL MATTERS LEGISLATION AMENDMENT BILL 2011

                          2010 - 2011 - 2012




   THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                               SENATE




EXTRADITION AND MUTUAL ASSISTANCE IN CRIMINAL MATTERS
           LEGISLATION AMENDMENT BILL 2011




                    ADDENDUM TO THE
                EXPLANATORY MEMORANDUM




          (Circulated by authority of the Minister for Justice,
                   the Honourable Jason Clare MP)
SCHEDULE 2 - ITEM 24 - New section 15B (p 20)
Paragraph 2.50, after the first sentence insert the following sentence:

The circumstances the Attorney-General may consider include, but are not limited to,
the treatment of the person following surrender.

SCHEDULE 2 - ITEM 104 - Paragraph 22(3)(b) (p 52)
At the beginning of paragraph 2.242, insert the following:

Subsection 22(2) provides that the Attorney-General shall, as soon as is reasonably
practicable, having regard to the circumstances, after a person becomes an eligible
person, determine whether the person is to be surrendered in relation to a qualifying
extradition offence or qualifying extradition offences. The circumstances the
Attorney-General may consider include, but are not limited to, the treatment of the
person following surrender.

SCHEDULE 3 - ITEM 6 - After paragraph 8(1)(c) (p 63)
At the end of paragraph 3.27 insert the following sentence:

The general discretion to refuse assistance in paragraph 8(2)(g) permits regard to any
relevant consideration, including, but not limited to the impact of the provision of
assistance on the treatment of a person.