International crime cooperation arrangements

Overview

Australia's international crime cooperation relationships with other countries facilitate effective extradition, mutual assistance, transfer of electronic data and international transfer of prisoner casework.

International crime cooperation relationships are generally governed by bilateral and multilateral treaties. Australia also has non-treaty arrangements with particular countries. A full list of countries with which Australia has an international crime cooperation relationship can be found in the following download:

• Australia's international crime cooperation relationships

Extradition arrangements

The Australian Government processes all incoming and outgoing extradition requests in accordance with the Extradition Act 1988.

Australia can only accept an extradition request from a country that has been declared an extradition country under domestic regulations. There are five broad categories of extradition regulations. A list of these relationships can be found in the following downloads:

• Countries with which Australia has a bilateral extradition treaty
• Multilateral treaties with extradition obligations to which Australia is a signatory
• Members of the London Scheme with which Australia has an extradition relationship
• Countries with an extradition treaty with the UK that was inherited by Australia
• Regulation-based extradition relationships

Australia can make an extradition request to any country. However, in the absence of a treaty, whether the request will be accepted depends on the domestic laws of that country.

Mutual assistance arrangements

Australia can make or receive a request for mutual assistance from any country. There is no requirement for countries to be prescribed in regulations.

However, to facilitate mutual assistance, Australia has concluded a number of bilateral treaties on mutual assistance in criminal matters.

A full list of countries with which Australia has a bilateral treaty can be found in the downloads below:

• Bilateral treaties on mutual assistance in criminal matters

Some of Australia’s mutual assistance relationships are governed by multilateral treaties. A list of these multilateral treaties can be found in the download below:

• Multilateral treaties with mutual assistance obligations to which Australia is a signatory

Australia can cooperate with other Commonwealth countries under the Harare Scheme relating to mutual assistance in criminal matters. This is a non binding arrangement, which aims to increase the level and scope of assistance rendered between Commonwealth Governments in criminal matters. It augments existing forms of co-operation, both formal and informal.

Mutual assistance requests are processed in accordance with the Mutual Assistance in Criminal Matters Act 1987.

Australia can make a mutual assistance request to any country. However, in the absence of a treaty, whether the request is accepted will depend on the domestic laws of the country.

International production order framework

The International Production Order (IPO) framework is a new form of international crime cooperation that complements mutual assistance arrangements.

The Agreement between the Government of Australia and the Government of the United States of America on Access to Electronic Data for the Purpose of Countering Serious Crime (the AUS-US Data Access Agreement) will be the first international agreement designated under the IPO framework outlined in Schedule 1 to the Telecommunications (Interception and Access) Act 1979.

The AUS-US Data Access Agreement will enable Australian law enforcement and national security agencies to send independently issued IPOs, via the Attorney-General's Department, directly to US communications providers (such as Meta, Google and Twitter) seeking the disclosure of electronic information for the purposes of preventing, detecting, investigating or prosecuting serious crime. US law enforcement agencies will also be able to seek similar electronic data directly from Australian communications providers.

Australia and the US are currently finalising the implementation of the AUS-US Data Access Agreement.

International transfer of prisoners arrangements

Australia can transfer prisoners to and from countries who have signed or acceded to the Council of Europe Convention on the Transfer of Sentenced Persons.

Australia may also transfer prisoners to and from countries with which Australia has concluded a bilateral international transfer of prisoners treaty.

A list of these countries can be found in the following download:

• Bilateral treaties for the international transfer of prisoners