Federal Court of Australia
Oates v Attorney-General [2002] FCAFC 80 Oates v Attorney-General [2002] FCA 347
NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.
* All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series.
* All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.
FEDERAL COURT OF AUSTRALIA
Oates v Attorney-General [2002] FCA 347
EXTRADITION – request by Australia for surrender of a person in Poland to answer criminal charges in Australia – relief sought under s 39B of Judiciary Act 1903 (Cth) in respect of request – whether making of request an exercise of the executive power of the Commonwealth or of a statutory power conferred by s 40 of Extradition Act 1988 (Cth) – whether power to make request circumscribed by operation of 1934 Imperial Order in Council – effect of such an Order under s 2 of Extradition Act 1870 (Imp).
Extradition Act 1870 (Imp) ss 2, 18 Extradition Act 1903 (Cth) s 6 Extradition Act 1988 (Cth) ss 11(3), 40, 41, 43(1) Extradition (Foreign States) Act 1966 (Cth) ss 9, 10, 11, 20 and 21 Judiciary Act 1903 (Cth) s 39B Companies (WA) Code ss 229(1), 229(4), 570 Criminal Code (WA) s 412
Barton v Commonwealth (1974) 131 CLR 477 considered Bollag & Anor v Attorney-General of the Commonwealth (1997) 79 FCR 198 considered Commonwealth v Riley (1984) 5 FCR 8 considered De Bruyn v Republic of South Africa (1999) 96 FCR 290 referred to The King v Weaver (1931) 45 CLR 321 referred to In re Nielsen [1984] AC 606 applied Oates v Attorney-General (Cth) (2001) 181 ALR 559 considered Regina (Al-Fawwaz) & Others v Governor of Brixton Prison & Another [2002] 2 WLR 101 considered Riley v The Commonwealth (1985) 159 CLR 1 considered Winkler v Director of Public Prosecutions (1990) 25 FCR 79 distinguished
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate