Who makes Extradition decisions? Is it the Attorney-General or the Minister for Home Affairs?
In practice, the Minister for Home Affairs makes most extradition decisions. The Extradition Act provides that the Attorney-General makes extradition decisions. However, the Attorney-General and the Minister for Home Affairs share responsibilities in the Attorney-General’s portfolio and the Minister for Home Affairs has primary responsibility for extradition. The Attorney-General is responsible for some extradition cases, such as those involving terrorism. Section 19A of the Acts Interpretation Act 1901 allows the Minister to exercise the Attorney General’s power under the Extradition Act 1988 (Cth).
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