House of Representatives

Revised Explanatory Memorandum

(Circulated by authority of the Minister for Justice the Honourable Brendan O'Connor MP)

Notes on clauses

CLAUSE 1: SHORT TITLE

This clause provides that when the Bill is enacted, it is to be cited as the Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Act 2011 .

CLAUSE 2: COMMENCEMENT

This clause sets out when the various parts of the Act are to commence.

Sections 1 to 3 of the Act will commence the day after this Act receives the Royal Assent.

Schedule 1, Schedule 2, items 1 to 34, Schedule 2, items 36 to 139, Schedule 3, items 1 to 49, Schedule 3, items 51 and 52 and Schedule 3, items 54 to 168 will all commence on a single day to be fixed by proclamation. However, if proclamation does not occur within the period of six months beginning on the day this Act receives Royal Assent, these provisions will commence on the day after the end of that period.

The commencement of the remainder of the provisions in the Bill is contingent on other Bills before Parliament. The commencement of these provisions is briefly set out below but is explained in further detail in the discussion of Schedule 4 of this Bill.

Schedule 2, item 35 and Schedule 4, item 1 are both contingent on the Migration Amendment (Complementary Protection) Act 2011 . Schedule 2, item 35 will commence on a single day to be fixed by proclamation. However, if item 20 of Schedule 1 to the Migration Amendment (Complementary Protection) Act 2011 commences before that time, this provision will not commence at all.

Schedule 4, item 1 will commence on the later of the two following dates:

(i)

a single day to be fixed by proclamation, and

(ii)

immediately after the commencement of item 20 of Schedule 1 to the Migration Amendment (Complementary Protection) Act 2011 .

However, this provision will not commence at all if the event mentioned in (ii) does not occur.

The commencement of Schedule 3, items 50 and 53 and Schedule 4, items 2 to 4 depend on whether the Cybercrime Legislation Amendment Act 2011 has commenced.

Schedule 3, items 50 and 53 will commence on a single day to be fixed by proclamation. However, if item 2 of Schedule 2 to the Cybercrime Legislation Amendment Act 2011 has not commenced before that time, these provisions do not commence at all.

Schedule 4, items 2 and 4 will also commence on a single day to be fixed by proclamation. However, if item 2 of Schedule 2 to the Cybercrime Legislation Amendment Act 2011 commences before that time, these provision do not commence at all.

Schedule 4, item 3 will commence immediately after the commencement of item 2 of Schedule 2 to the Cybercrime Legislation Amendment Act 2011 . However, if item 2 of Schedule 2 to the Cybercrime Legislation Amendment Act 2011 does not commence, this provision does not commence at all.

CLAUSE 3: SCHEDULE(S)

This is a formal clause that enables the Schedules to amend Acts by including amendments under the title of the relevant Act.