Vasiljkovic v Commonwealth

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, HAYNE AND HEYDON JJDRAGAN VASILJKOVIC  PLAINTIFFANDCOMMONWEALTH OF AUSTRALIA & ORS  DEFENDANTSVasiljkovic v Commonwealth of Australia [2006] HCA 40Date of Order:  15 June 2006Date of Publication of Reasons:  3 August 2006C3/2006ORDER1.The questions stated by the parties in the Special Case for the opinion of the Full Court are answered as follows:(a)Q.  Is Part II of the Extradition Act 1988 (Cth) invalid to the extent, if any, to which it purports to confer a power to deprive an Australian citizen of liberty otherwise than in the exercise of the judicial power of the Commonwealth?A.  No.(b)Q.  Is Part II of the Extradition Act 1988 (Cth) read together with the Extradition (Croatia) Regulations 2004 (Cth) invalid to the extent to which it purports to confer a power to deprive an Australian citizen of liberty otherwise than upon a finding that there exists a prima facie case against that person of the commission of the offences alleged by the State requesting extradition?A.  No.(c)Q. Is regulation 4 of the Extradition (Croatia) Regulations 2004 (Cth) invalid because it was not made pursuant to the power conferred by s 51(xxix) of the Constitution or any other legislative power of the Commonwealth?A.  No.2.        The costs of the Special Case be costs in the action.RepresentationT E F Hughes QC with K P Smark for the plaintiff (instructed by Albert A Macri Partners)H C Burmester QC with J G Renwick for the first and second defendants (instructed by Australian Government Solicitor)Submitting appearance for the third...