George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

Thank you very much, Senator Madigan, and might I thank you for the courtesy of the advance notice of this question that you gave my office. Australia signed an extradition treaty with China in 2007. Extradition treaties are common features of Australia's cooperation with international partners to combat transnational crime. Australia and China have a longstanding law enforcement relationship. The Australian government is progressing the implementation of the treaty. The treaty and the accompanying national interest analysis were tabled in parliament yesterday. The treaty will then be referred to the Joint Standing Committee on Treaties for consideration. That process, of course, will include public consultation. Following the consideration of the treaty by the committee, the committee will recommend whether the treaty should be ratified. How the government proceeds following any such recommendation by the committee is a matter for the government upon receiving the report from the committee.

Senator Madigan, I can tell you that the treaty does contain a range of human rights safeguards which specify that extradition must be refused in certain circumstances. In particular, the treaty provides that extradition must be refused where the person sought may be sentenced to death for the offence for which the extradition is requested. That is the standard practice of the Australian government in relation to extradition treaties. It is the practice of Australian governments of both political persuasions, I might say. We always put into extradition treaties a capital punishment or death penalty exclusion.