O'Donoghue v Ireland

Extradition – Function of State magistrates under s 19 of Extradition Act 1988 (Cth) ("Extradition Act") and application of s 4AAA of Crimes Act 1914 (Cth) ("Crimes Act") - Arrangements between Governor-General and State Governors under s 46 of Extradition Act - Whether power exercised by State magistrates under s 19(1) of Extradition Act conferred under Commonwealth law relating to criminal matters - Whether intention appears in Extradition Act not to apply rule set out in s 4AAA of Crimes Act that State magistrates need not accept power conferred by Commonwealth law - Whether State magistrates obliged to accept performance of functions under Extradition Act - Whether acceptance of power conferred by s 19(1) of Extradition Act may be inferred by course of conduct of State magistrates - Whether State legislation approved exercise by State magistrates of functions and powers under s 19 of Extradition Act.

Constitutional law (Cth) – Relationship between Commonwealth and States - Whether Commonwealth may unilaterally impose functions on State magistrates - Whether on true construction Extradition Act imposes functions on State magistrates - Whether such functions involve imposition of legal duties on State magistrates - Application of s 4AAA of Crimes Act - Whether State legislation approved exercise by State magistrates of functions and powers under s 19 of Extradition Act - Whether consent of State executive government sufficient to authorise imposition of functions on State magistrates.

Words and phrases – "duty or power", "extradition", "magistrates".

Crimes Act 1914 (Cth) – s 4AAA.

Extradition Act 1988 (Cth) – ss 19, 46.

Magistrates Courts Act 2004 (WA) – s 6.

Local Courts Act 1982 (NSW) – s 23.