Political Offence meaning in Australian Extradition Act

by karwalski

A simple before and after of the definition of ‘political offence’ in the newly amended Extradition Act of 1988

 

Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Bill 2011 

 

NEW

Part 3–Other amendments

Division 1–Amendments relating to political offences

Extradition  Act 1988

33 Section 5 (paragraphs (a) to (d) of the definition of political offence)

Repeal the paragraphs, substitute:

(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

 

OLD

“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 is constituted by conduct of a kind referred to in:

(i)  Article 1 of the Convention for the Suppression of Unlawful Seizure of Aircraft, being the convention a copy of the English text of which is set out in Schedule 1 to the Crimes (Aviation) Act 1991 ; or

(ii)  Article 1 of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, being the convention a copy of the English text of which is set out in Schedule 2 to the Crimes (Aviation) Act 1991 ; or

(iia)  Article 2 of the International Convention for the Suppression of the Financing of Terrorism, done at New York on 9 December 1999; or

(iii)  paragraph 1 of Article 2 of the Convention on the Protection and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, being the convention a copy of the English text of which is set out in the Schedule to the Crimes (Internationally Protected Persons) Act 1976 ; or

(iv)  Article III of the Convention on the Prevention and Punishment of the Crime of Genocide, being the convention a copy of the English text of which is set out in the Genocide Convention Act 1949 ; or

(v)  Article 1 of the International Convention against the Taking of Hostages, being the convention of that title that was adopted by the General Assembly of the United Nations on 17 December 1979; or

(vi)  Article 1 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, being the convention of that title that was adopted by the General Assembly of the United Nations on 10 December 1984; or

(vii)  Article 3 of the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, a copy of the English text of which is set out in Schedule 1 to the Crimes (Ships and Fixed Platforms) Act 1992 ; or

(viii)  Article 2 of the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, a copy of the English text of which is set out in Schedule 2 to theCrimes (Ships and Fixed Platforms) Act 1992 ; or

(ix)  Article 2 of the International Convention for the Suppression of Terrorist Bombings, done at New York on 15 December 1997;

(b)  an offence constituted by conduct that, by an  extradition treaty  (not being a bilateral treaty) in relation to the country or any country, is required to be treated as an offence for which a person is permitted to be surrendered or tried, being an offence declared by regulations for the purposes of this paragraph not to be a political offence in relation to the country or all countries;

(c)  an offence constituted by:

(i)  the murder, kidnapping or other attack on the person or liberty; or

(ii)  a threat or attempt to commit, or participation as an accomplice in, a murder, kidnapping or other attack on the person or liberty;

of the head of state or head of government of the country or a member of the family of either such person, being an offence declared by regulations for the purposes of this paragraph not to be a political offence in relation to the country; or

(d)  an offence constituted by taking or endangering, attempting to take or endanger or participating in the taking or endangering of, the life of a person, being an offence:

(i)  committed in circumstances in which such conduct creates a collective danger, whether direct or indirect, to the lives of other persons; and

(ii)  declared by regulations for the purposes of this paragraph not to be a political offence in relation to the country.

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