High Court of Australia

Oates v Attorney-General (Cth) [2003] HCA 21

215 CLR 496; 77 ALJR 980; 197 ALR 105

10 Apr 2003

Case Number: S431/2002;

Before

Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Heydon JJ

Catchwords

Extradition – Request for surrender of alleged fugitive offender from foreign state - Where extradition treaty exists with foreign state - Whether offences referred to in request were offences listed in extradition treaty - Whether request lawful.

Constitutional law (Cth) – Executive power - Power to request surrender of alleged fugitive offender from foreign state - Whether power abrogated by statute - Whether limitations, conditions, exceptions or qualifications imposed upon power to request surrender - Whether power may only be exercised in relation to extraditable offences as listed in extradition treaty with foreign state - Extradition Act 1988 (Cth), ss 3, 11, 40.

Statutory interpretation – Executive power - Power to request surrender of alleged fugitive offender from foreign state - Whether power abrogated by statute - Whether statute abrogates power by express words or necessary implication - Extradition Act 1988 (Cth), ss 3, 11, 40.

Extradition Act 1988 (Cth) – ss 3, 11, 40.

Extradition (Foreign States) Act 1966 (Cth) – ss 9, 21.

Poland (Extradition Commonwealth of Australia and New Zealand) Order in Council 1934 (UK).

Extradition Act 1870 (UK)
– s 2.

Extradition Acts 1870 –1935 (UK).

View   RTF



PDF MD5: 68492159e663dd6247a8eddfc757a098
RTF MD5: 7a7b7c276bdcb948df0b1f0d35355143