a colony, territory or protectorate of the country;

a territory for the international relations of which the country is responsible; and

a ship or aircraft of, or registered in, the country;

are, except in the case of a colony, territory or protectorate that is an extradition country, each deemed to be part of the country.

an external Territory; and

a ship or aircraft of, or registered in, ;

are each deemed to be part of .

where the conduct or equivalent conduct consists of 2 or more acts or omissions—regard may be had to all or to only one or some of those acts or omissions;

any difference between the denomination or categorisation of offences under the law of the country and the law of , or the law in force in the part of , as the case requires, shall be disregarded.

state that this Act applies in relation to a specified extradition country subject to such limitations, conditions, exceptions or qualifications as are necessary to give effect to a bilateral extradition treaty in relation to the country, being a treaty a copy of which is set out in the regulations; or

make provision instead to the effect that this Act applies in relation to a specified extradition country subject to other limitations, conditions, exceptions or qualifications, other than such limitations, conditions, exceptions or qualifications as are necessary to give effect to a multilateral extradition treaty in relation to the country.

a reference to the sufficient evidence test being satisfied is a reference to the provision of evidence that, if the conduct of the person constituting the extradition offence referred to in that subsection had taken place in a part of , would be sufficient to:

justify trial of the person in relation to an offence against a law in force in the part of ;

justify committal of the person for trial in relation to such an offence; or

(iii) establish a prima facie case that the person committed such an offence; and

(b) a reference to the prima facie evidence test being satisfied is a reference to the provision of evidence that, if the conduct of the person constituting the extradition offence referred to in that subsection had taken place in the part of Australia referred to in paragraph (a) of this subsection, would, if uncontroverted, provide sufficient grounds to put the person on trial, or sufficient grounds for inquiry by a court, in relation to the offence.

an application is made, in the statutory form, on behalf of an extradition country to a magistrate or eligible Judge for the issue of a warrant for the arrest of a person; and

the magistrate or Judge is satisfied, on the basis of information given by affidavit, that the person is an extraditable person in relation to the extradition country;

the magistrate or Judge shall issue a warrant, in the statutory form, for the arrest of the person.

the Attorney-General has received the report under subsection (2) or has otherwise become aware of the issue of the warrant;

the person has not been arrested under the warrant; and

either:

the Attorney-General decides not to give a notice under subsection 16(1) in relation to the person; or

the Attorney-General considers for any other reason that the warrant should be cancelled;

the Attorney-General shall, by notice in writing in the statutory form, direct a magistrate or eligible Judge to cancel the warrant.

arrests a person under an extradition arrest warrant; and

has reasonable grounds for suspecting that property in the vicinity of the person that is under the apparent control of the person:

may be material as evidence in proving any offence in relation to which the warrant was issued or for which surrender of the person is sought by the extradition country concerned; or

has been acquired by the person as a result of such an offence;

the police officer may seize that property.

arrests a person under an extradition arrest warrant; and

has reasonable grounds for suspecting that there is on the person, in the clothing that the person is wearing or in or on any property in the vicinity of the person that is under the apparent control of the person, any thing, including a sum of money:

that may be material as evidence in proving any offence in relation to which the warrant was issued or for which surrender of the person is sought by the extradition country concerned; or

that has been acquired by the person as a result of such an offence;

the police officer may search that person, that person’s clothing or that property, and may seize any thing found as a result of that search.

that may be material as evidence in proving any offence in relation to which an extradition arrest warrant was issued or for which surrender of a person is sought by an extradition country; or

that has been acquired by a person as a result of such an offence;

and the affidavit sets out those grounds, the magistrate or Judge may issue a warrant, in the statutory form, authorising a police officer named in the warrant, with such assistance, and by such force, as is necessary and reasonable:

to seize the thing;

to enter upon or into the place and to seize the thing; or

to enter upon or into the place, to search the place for any such thing and to seize any such thing found in the place.

there has been given to the magistrate or Judge by affidavit such further information (if any) as the magistrate or Judge requires concerning the grounds on which the issue of the warrant is being sought; and

the magistrate or Judge is satisfied that there are reasonable grounds for issuing the warrant.

the purpose for which it is issued, including a reference to the nature of any offence referred to in paragraph (1)(a);

whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night;

the kind of things authorised to be seized; and

that it ceases to have effect on a specified day, not being later than 1 month after the day of issue of the warrant.

a police officer finds any thing that the police officer believes on reasonable grounds to be connected with the offence, although not of a kind stated in the warrant; and

the police officer believes on reasonable grounds that it is necessary to seize that thing in order to prevent its concealment, loss or destruction;

the warrant is deemed to authorise the police officer to seize the thing.

where the transferee is in custody—direct a magistrate or eligible Judge to order the release of the transferee into the custody of a specified police officer and authorise that police officer to take the transferee in custody to appear before a magistrate or eligible Judge in a specified State or Territory; or

where the transferee has been granted bail—direct a magistrate or eligible Judge to order the discharge of the recognizances on which bail was granted and authorise a specified police officer to take the transferee in custody to appear before a magistrate or eligible Judge in a specified State or Territory.

before the waiver time, the Attorney-General gave a notice in relation to the person under subsection 16(1) in relation to one or more extradition offences; and

as at the waiver time, a magistrate or eligible Judge has not done either of the following:

advised the Attorney-General under subparagraph 18(2)(b)(ii) that the person has consented to be surrendered in relation to the extradition offence or all of the extradition offences;

determined under subsection 19(1) that the person is eligible for surrender in relation to any of the extradition offences.

Person may inform a magistrate or Judge that he or she wishes to waive extradition

if an extradition request has not been made for the surrender of the person—the extradition offence or all of the extradition offences specified in the extradition arrest warrant to which the remand relates; or

if an extradition request has been made for the surrender of the person—the extradition offence or all of the extradition offences for which surrender of the person is sought.

Magistrate or Judge must make order etc. if satisfied of matters

by warrant in the statutory form, order that the person be committed to prison pending a determination by the Attorney-General under subsection 15B(2) that the person be surrendered, or not be surrendered, in relation to the extradition offence or extradition offences mentioned in paragraph (3)(a) or (b), as the case may be; and

advise the Attorney-General in writing that the person wishes to waive extradition for those offences.

must be satisfied that the person voluntarily informed a magistrate or eligible Judge under subsection (3); and

must inform the person:

that, once the order is made, the person cannot apply for the order to be revoked; and

of the consequences of the fact that the extradition country concerned may not have given, and if the order is made will not be required to give, a speciality assurance (of a kind mentioned in subsection 22(4)) in relation to the person; and

that certain requirements in this Act that would otherwise apply in respect of the person will not apply if the order is made (including, but not limited to, requirements relating to extradition objections); and

that, after the order is made, the person will be surrendered to the extradition country concerned if the Attorney-General determines under subsection 15B(2) that the person is to be so surrendered; and

having informed the person as mentioned in paragraph (b)—must be satisfied that the person has confirmed that he or she wishes to waive extradition as mentioned in subsection (3); and

must be satisfied that the person is legally represented, or was given an adequate opportunity to be legally represented, in the proceedings before the magistrate or Judge.

Rules that apply until magistrate or Judge decides not to make an order

if a decision as to whether or not to give a notice under subsection 16(1) had not, as at the waiver time, been made in relation to the person in relation to the extradition offence or extradition offences—the Attorney-General must not decide whether or not to give such a notice;

if, before the waiver time, a notice under subsection 16(1) had been given in relation to the person in relation to the extradition offence or extradition offences:

sections 18 and 19 do not apply to the person in relation to the extradition offence or extradition offences; and

any proceedings that were on foot as at the waiver time under section 18 or 19 in relation to the person in relation to the extradition offence or extradition offences are stayed.

Magistrate or Judge must advise Attorney-General if not satisfied of matters

the Attorney-General does not have substantial grounds for believing that, if the person were surrendered to the extradition country, the person would be in danger of being subjected to torture; and

the Attorney-General is satisfied that, on surrender to the extradition country, there is no real risk that the death penalty will be carried out upon the person in relation to any offence.

a copy of the notice; and

copies of the documents referred to in paragraph 19(2)(a) and, if applicable, paragraph 19(2)(b);

shall be given to the person.

the person has consented in accordance with section 18 to being surrendered to the extradition country concerned in relation to the extradition offence or extradition offences specified in the original notice; or

a magistrate or eligible Judge has determined in accordance with section 19 that the person is eligible for surrender in relation to the extradition offence or extradition offences specified in the original notice.

a copy of the amended notice; and

if the amended notice specifies one or more extradition offences that were not specified in the original notice—the copies of the documents referred to in:

paragraph 19(2)(a); and

if applicable—paragraph 19(2)(b);

to the extent that those documents relate to those extradition offences;

must be given to the person.

Revocation in accordance with the Acts Interpretation Act 1901

the Attorney-General decides not to give a notice under subsection 16(1) in relation to the person; or

the Attorney-General considers for any other reason that the remand should cease;

the Attorney-General shall, by notice in writing in the statutory form, direct a magistrate or eligible Judge to order:

if the person is in custody—the release of the person from custody; or

if the person has been granted bail—the discharge of the recognizances on which bail was granted.

a person is, under section 15, on remand 45 days (or such greater or lesser number of days as may be applicable, by virtue of subsection 11(2), under the regulations) after the day on which the person was arrested; and

either:

the Attorney-General has not received an extradition request from the extradition country concerned in relation to the person; or

the Attorney-General has received such a request but a notice has not been given under subsection 16(1) in relation to the person within the period of 5 days after the end of the period of days referred to in paragraph (a);

the person must be brought before a magistrate or eligible Judge.

if subparagraph (2)(b)(i) applies:

that the extradition country concerned has not made an extradition request in relation to the person because of exceptional circumstances; and

that the Attorney-General is likely to receive an extradition request from the extradition country concerned in relation to the person within a particular period that is reasonable in the circumstances; and

that, after receiving the extradition request, the Attorney-General is likely to make a decision to give, or not to give, a notice under subsection 16(1) in relation to the person within a particular period that is reasonable in the circumstances; or

if subparagraph (2)(b)(ii) applies—that the Attorney-General is likely to make a decision to give, or not to give, a notice under subsection 16(1) within a particular period that is reasonable in the circumstances.

a magistrate or eligible Judge was satisfied:

(i) under subparagraph (2A)(a)(ii) that an extradition request was likely to be received in relation to a person within a particular period; or

under subparagraph (2A)(a)(iii) or paragraph (2A)(b) that a decision was likely to be made to give, or not to give, a notice under subsection 16(1) in relation to a person within a particular period; and

the request is not received, or the decision is not made, within the period;

the person shall be brought before a magistrate or eligible Judge who shall order the release of the person from custody, or the discharge of the recognizances on which bail was granted to the person, as the case requires.

a person informs a magistrate or eligible Judge under subsection 15A(3) that the person wishes to waive extradition; and

a magistrate or eligible Judge decides not to make an order under paragraph 15A(4)(a) in relation to the person;

then, for the purposes of applying subsection (2) of this section to the person, the period of days referred to in paragraph (2)(a) of this section is to be calculated exclusive of the period:

beginning on the day on which the person informs the magistrate or Judge that the person wishes to waive extradition; and

ending on the day on which the Attorney-General receives the magistrate’s or Judge’s advice under subsection 15A(7) that the magistrate or Judge has decided not to make an order under paragraph 15A(4)(a) in relation to the person.

a person is on remand under section 15; and

the Attorney-General has given a notice under subsection 16(1) in relation to the person;

the person may inform a magistrate or eligible Judge that the person consents to being surrendered to the extradition country concerned in relation to the extradition offence, or all of the extradition offences, for which surrender of the person is sought by that country.

(a) the Attorney-General has given a notice (the original notice) under subsection 16(1) in relation to a person; and

during proceedings conducted in relation to the person under this section, the Attorney-General gives an amended notice under subsection 16A(2) in relation to the person; and

the amended notice specifies one or more extradition offences that were not specified in the original notice; and

the magistrate or Judge considers it necessary to give the person time to inform the magistrate or Judge whether the person consents to being surrendered to the extradition country in relation to any of those extradition offences;

the magistrate or Judge may adjourn the proceedings for such period as the magistrate or Judge considers reasonable to allow the person to so inform the magistrate or Judge.

advise the person that the effect of so consenting will be that:

the person will be committed to prison or, subject to subsection (3), released on bail, without any proceedings being conducted under section 19 to determine whether the person is eligible for surrender in relation to any extradition offence; and

the person will, if the Attorney-General issues a surrender warrant or a temporary surrender warrant, be surrendered to the extradition country; and

if, after the person has been advised as mentioned in paragraph (a), the person again consents to being surrendered—order that the person be committed to prison or (subject to subsection (3)) released on bail, to await:

surrender under a surrender warrant or temporary surrender warrant; or

release, or the discharge of the recognisances on which bail was granted, under an order under subsection 22(5).

a person is on remand under section 15;

the Attorney-General has given a notice under subsection 16(1) in relation to the person;

an application is made to a magistrate or eligible Judge by or on behalf of the person or the extradition country concerned for proceedings to be conducted in relation to the person under this section; and

the magistrate or Judge considers that the person and the extradition country have had reasonable time in which to prepare for the conduct of such proceedings;

the magistrate or Judge shall conduct proceedings to determine whether the person is eligible for surrender in relation to the extradition offence or extradition offences for which surrender of the person is sought by the extradition country.

the supporting documents in relation to the offence have been produced to the magistrate or Judge;

where this Act applies in relation to the extradition country subject to any limitations, conditions, exceptions or qualifications that require the production to the magistrate or Judge of any other documents—those documents have been produced to the magistrate or Judge;

the magistrate or Judge is satisfied that, if the conduct of the person constituting the offence in relation to the extradition country, or equivalent conduct, had taken place in the part of Australia where the proceedings are being conducted and at the time at which the extradition request in relation to the person was received, that conduct or that equivalent conduct would have constituted an extradition offence in relation to that part of Australia; and

the person does not satisfy the magistrate or Judge that there are substantial grounds for believing that there is an extradition objection in relation to the offence.

if the offence is an offence of which the person is accused—a duly authenticated warrant issued by the extradition country for the arrest of the person for the offence, or a duly authenticated copy of such a warrant;

if the offence is an offence of which the person has been convicted—such duly authenticated documents as provide evidence of:

the conviction;

the sentence imposed or the intention to impose a sentence; and

the extent to which a sentence imposed has not been carried out; and

in any case:

a duly authenticated statement in writing setting out a description of, and the penalty applicable in respect of, the offence; and

a duly authenticated statement in writing setting out the conduct constituting the offence.

a document or documents containing a deficiency or deficiencies of relevance to the proceedings is or are produced; and

the magistrate or Judge considers the deficiency or deficiencies to be of a minor nature;

the magistrate or Judge shall adjourn the proceedings for such period as the magistrate or Judge considers reasonable to allow the deficiency or deficiencies to be remedied.

(a) the Attorney-General has given a notice (the original notice) under subsection 16(1) in relation to a person; and

during proceedings conducted in relation to the person under this section, the Attorney-General gives an amended notice under subsection 16A(2) in relation to the person; and

the amended notice specifies one or more extradition offences that were not specified in the original notice; and

the magistrate or Judge considers it necessary to give the person and the extradition country time to prepare for the conduct of proceedings under this section in relation to any of those extradition offences;

the magistrate or Judge may adjourn the proceedings for such period as the magistrate or Judge considers reasonable to allow the person and the extradition country to prepare for the conduct of those proceedings.

it purports to be signed or certified by a judge, magistrate or officer in or of the extradition country; and

it purports to be authenticated by the oath or affirmation of a witness or to be sealed with an official or public seal:

in any case—of the extradition country or of a Minister, Department of State or Department or officer of the Government, of the extradition country; or

where the extradition country is a colony, territory or protectorate—of the person administering the Government of that country or of any person administering a Department of the Government of that country.

order that the person be committed to prison or (subject to subsection (9A)) released on bail, to await:

surrender under a surrender warrant or temporary surrender warrant; or

release, or the discharge of the recognisances on which bail was granted, under an order under subsection 22(5);

inform the person that he or she may, within 15 days after the day on which the order under paragraph (a) is made, seek a review of the order under subsection 21(1); and

record in writing the extradition offence or extradition offences in relation to which the magistrate or Judge has determined that the person is eligible for surrender and make a copy of the record available to the person and the Attorney-General.

order that the person be released; and

advise the Attorney-General in writing of the order and of the magistrate’s or Judge’s reasons for determining that the person is not eligible for surrender.

a notice under subsection 16(1) has been given in relation to a person in respect of whom an extradition request has been made by an extradition country; and

either:

in proceedings under section 18, the person consents in accordance with that section to being surrendered to the extradition country in relation to the extradition offence or all of the extradition offences to which the notice relates; or

in proceedings under subsection 19(1), a magistrate or eligible Judge determines that the person is eligible for surrender to the extradition country in relation to one or more of the extradition offences to which the notice relates; and

(c) the extradition country requested in the extradition request that the person be surrendered for one or more extradition offences (the additional extradition offences) that are not specified in the notice.

Consent to being surrendered in respect of the additional extradition offences

either:

be satisfied that the person is legally represented; or

if the magistrate or Judge is not so satisfied—give the person an adequate opportunity to be legally represented; and

inform the person that, if the person is surrendered, the person may be tried and sentenced in the extradition country for any additional extradition offence in relation to which the person gives consent; and

(c) inform the person that the person may be tried and sentenced in the extradition country even though, had the conduct of the person constituting the additional extradition offences, or equivalent conduct, taken place in Australia at the time the extradition request concerned was received, that conduct may not have constituted an extradition offence in relation to Australia.

Magistrate or Judge to advise Attorney-General of consent

either:

in proceedings under section 18, a person consents in accordance with that section to being surrendered to an extradition country in relation to an extradition offence or extradition offences; or

in proceedings under subsection 19(1), a magistrate or eligible Judge determines that a person is eligible for surrender to an extradition country in relation to an extradition offence or extradition offences; and

the extradition country has requested that the person also be surrendered for an offence that is not an extradition offence or offences that are not extradition offences;

the magistrate or Judge shall, in those proceedings, ask the person whether he or she consents to being surrendered to the country in respect of the offence or any of the offences referred to in paragraph (b).

in the case of an order under subsection 19(9)—the person; or

in the case of an order under subsection 19(10)—the extradition country;

may, within 15 days after the day on which the magistrate or Judge makes the order, apply to the Federal Court for a review of the order.

confirm the order of the magistrate or Judge; or

quash the order.

in the case of an order under subsection 19(9)—order the release of the person or the discharge of the recognisances on which bail was granted; or

in the case of an order under subsection 19(10)—order that the person be committed to prison or (subject to subsection (2B)) released on bail, to await:

surrender under a surrender warrant or temporary surrender warrant; or

release, or the discharge of the recognisances on which bail was granted, under an order under subsection 22(5).

applies under subsection (1) for a review of an order; or

appeals under subsection (3) against an order made on that review; or

appeals to the High Court against an order made on that appeal;

the following provisions have effect:

subject to section 21A, the court to which the application or appeal is made shall have regard only to the material that was before the magistrate or Judge;

if an order for the release of the person (whether or not on bail) has been made under subsection 19(9) or (10), or subsection (2A) of this section—the court to which the application or appeal is made may order both:

if the person was released on bail—the discharge of the recognisances on which bail was granted; and

the arrest of the person;

if:

if an order for the release of the person has not been made; or

the person has been arrested under an order made under paragraph (e);

the court to which the application or appeal is made may:

order that the person be kept in such custody as the court directs; or

if there are special circumstances justifying such a course, order the release on bail of the person;

until the review has been conducted or the appeal has been heard;

if the court to which the application or appeal is made determines that the person is eligible for surrender, within the meaning of subsection 19(2), in relation to an extradition offence or extradition offences—the court shall include in its judgment on the review or appeal a statement to that effect specifying the offence or offences.

applies under subsection 21(1) for a review of an order;

appeals under subsection 21(3) against an order made on that review; or

appeals to the High Court against an order made on that appeal.

Admission of evidence

(a) a party to the relevant proceedings under excluded evidence) in the proceedings; andsection 19 was prevented from adducing evidence (the

the review court considers that the party should have been permitted to adduce the excluded evidence in those proceedings;

the court may receive:

the excluded evidence; and

further evidence, or submissions, that directly relate to the excluded evidence.

Documents containing deficiencies

a document is:

a document to which the review court must have regard under paragraph 21(6)(d); or

a document that is received by the review court under subsection (2) of this section; and

the document contains a deficiency of relevance to the review or appeal; and

the court considers the deficiency to be of a minor nature;

the court must adjourn the proceedings for such period as is necessary to allow the deficiency to be remedied.

by order of a magistrate or eligible Judge made under section 18; or

by order made under subsection 19(9) or 21(2A) (including because of an appeal referred to in section 21), where no proceedings under section 21 are being conducted or are available in relation to the determination under subsection 19(9) to which the order relates.

qualifying extradition offence, in relation to an eligible person, means the following:

(a) if paragraph (a) of the definition of eligible person applies—any extradition offence in relation to which the person consented in accordance with section 18;

(b) if paragraph (b) of the definition of eligible person applies—any extradition offence in relation to which:

the magistrate or Judge who made the order under subsection 19(9); or

the court that conducted the final proceedings under section 21;

determined that the person was eligible for surrender within the meaning of subsection 19(2);

in any case—any extradition offence in relation to which the person has consented in accordance with section 19A.

the Attorney-General is satisfied that there is no extradition objection in relation to the offence; and

the Attorney-General does not have substantial grounds for believing that, if the person were surrendered to the extradition country, the person would be in danger of being subjected to torture; and

where the offence is punishable by a penalty of death—by virtue of an undertaking given by the extradition country to Australia, one of the following is applicable:

the person will not be tried for the offence;

if the person is tried for the offence, the death penalty will not be imposed on the person;

if the death penalty is imposed on the person, it will not be carried out; and

the extradition country concerned has given a speciality assurance in relation to the person; and

where, because of section 11, this Act applies in relation to the extradition country subject to a limitation, condition, qualification or exception that has the effect that:

surrender of the person in relation to the offence shall be refused; or

surrender of the person in relation to the offence may be refused;

in certain circumstances—the Attorney-General is satisfied:

where subparagraph (i) applies—that the circumstances do not exist; or

where subparagraph (ii) applies—either that the circumstances do not exist or that they do exist but that nevertheless surrender of the person in relation to the offence should not be refused; and

the Attorney-General, in his or her discretion, considers that the person should be surrendered in relation to the offence.

a provision of the law of the country; or

a provision of an extradition treaty in relation to the country; or

an undertaking given by the country to Australia;

the eligible person, after being surrendered to the country, will not, unless the eligible person has left or had the opportunity of leaving the country:

be detained or tried in the country for any offence that is alleged to have been committed, or was committed, before the eligible person’s surrender other than:

any surrender offence; or

any offence (being an offence for which the penalty is the same or is a shorter maximum period of imprisonment or other deprivation of liberty) of which the eligible person could be convicted on proof of the conduct constituting any surrender offence; or

any extradition offence in relation to the country (not being an offence for which the country sought the surrender of the eligible person in proceedings under section 19) in respect of which the Attorney-General consents to the eligible person being so detained or tried; or

be detained in the country for the purpose of being surrendered to another country for trial or punishment for any offence that is alleged to have been committed, or was committed, before the eligible person’s surrender to the first-mentioned country, other than any offence in respect of which the Attorney-General consents to the eligible person being so detained and surrendered.

if the person has been committed to prison—direct a magistrate or eligible Judge to order the release of the person; or

if the person has been released on bail—direct a magistrate or eligible Judge to order the discharge of the recognisances on which bail was granted.

the Attorney-General determines under subsection 15B(2) or 22(2) that a person is to be surrendered to an extradition country in relation to an extradition offence or extradition offences; and

the person is serving a sentence or sentences of imprisonment in respect of an offence or offences against a law of Australia; and

any surrender offence in relation to the person is an offence of which the person is accused; and

the Attorney-General is satisfied that:

it is in the interests of the administration of justice that a warrant under this subsection be issued instead of a surrender warrant; and

the extradition country has given adequate undertakings to the Attorney-General in relation to:

(A) the trial of the person in the extradition country for any surrender offence of which the person is accused;

(B) the return of the person to Australia; and

(C) the custody of the person while travelling to and from, and while in, the extradition country;

the Attorney-General may issue a warrant under this subsection.

the Attorney-General is satisfied that the law of the State or the Northern Territory, as the case may be:

would permit the release of the person for the purpose of surrender to the extradition country under such a warrant; and

would, if the person were surrendered to the extradition country under such a warrant, permit the time spent by the person in custody in connection with the warrant (including time spent in custody outside Australia) to be counted towards the sentence or sentences in respect of the offence; and

consent to the surrender of the person to the extradition country under such a warrant has been given to the Attorney-General by:

the appropriate Minister of the Crown of the State; or

the appropriate Minister of the Northern Territory;

as the case requires.

the Attorney-General informs an extradition country as mentioned in subsection (4); and

the Attorney-General does so in writing;

the written instrument is not a legislative instrument.

a person is surrendered to an extradition country under a temporary surrender warrant;

the person is returned to Australia in pursuance of undertakings referred to in subparagraph 24(1)(d)(ii); and

the extradition country still seeks the surrender of the person;

subject to subsection (2), the Attorney-General may, in his or her discretion, issue a warrant for the surrender of the person to the extradition country under this subsection.

by virtue of:

a provision of the law of the extradition country; or

a provision of an extradition treaty in relation to the extradition country; or

an undertaking given by the extradition country to Australia;

the person, if surrendered to the extradition country, will not, unless the person has left or had the opportunity of leaving the country:

be detained or tried in that country for any offence that is alleged to have been committed, or was committed, before the person’s surrender under the temporary surrender warrant referred to in paragraph (1)(a), other than any offence to which subparagraph 22(4)(d)(i), (ii) or (iii) applies; or

be detained in the country for the purpose of being surrendered to another country for trial or punishment for any offence that is alleged to have been committed, or was committed, before the person’s surrender to the first-mentioned country under the temporary surrender warrant, other than any offence in respect of which the Attorney-General consents to the person being so detained and surrendered; and

the Attorney-General does not have substantial grounds for believing that, if the person were surrendered to the extradition country, the person would be in danger of being subjected to torture; and

where any surrender offence in relation to the person is punishable by a penalty of death—if the person is surrendered in respect of that offence, then, by virtue of an undertaking given by the extradition country to Australia, one of the following is applicable:

except where there is only one such offence—the person will not be tried for that offence;

if the person is tried for the offence—the death penalty will not be imposed on the person;

if the death penalty is imposed or was imposed while the person was surrendered under the temporary surrender warrant—it will not be carried out.

the Attorney-General does not have substantial grounds for believing that, if the person were surrendered to the extradition country, the person would be in danger of being subjected to torture; and

the Attorney-General is satisfied that, on surrender to the extradition country, there is no real risk that the death penalty will be carried out upon the person in relation to any offence.

in the case of a surrender warrant—specify all of the surrender offences in relation to the eligible person;

in the case of a temporary surrender warrant—specify all of the surrender offences of which the eligible person is accused;

if the person has been committed to prison—require the person in whose custody the eligible person is being held to release the eligible person into the custody of any police officer;

if the person has been released on bail—authorise any police officer to take the person into custody and to take the person before a magistrate or eligible Judge or, if a court made the order releasing the person on bail, before that court, for the purposes of the discharge of the recognisances on which bail was granted;

(d) authorise the eligible person to be transported in custody and, if necessary or convenient, detained in custody, by any police officer, for the purpose of enabling the eligible person to be placed in the custody of a specified person or a person included in a specified class (in this subsection called the escort officer) and transported out of Australia;

authorise the escort officer to transport the eligible person in custody out of Australia to a place in the extradition country for the purpose of surrendering the eligible person to a person appointed by the extradition country to receive the eligible person; and

be in writing in the statutory form.

the discharge of the recognisances on which bail was granted; and

that the person be committed to prison to await surrender under the warrant.

who is in custody; or

to whom bail has been granted;

in respect of an offence that is alleged to have been committed, or of which the person has been convicted, in Australia, the warrant shall not be executed until the person has been released from custody in respect of that offence or any recognizances on which the person has been granted bail in respect of that offence have been discharged, as the case requires.

a surrender warrant or a temporary surrender warrant is issued in relation to a person;

the person is in custody in Australia under the warrant, or otherwise under this Act, more than 2 months after the day on which the warrant was first liable to be executed;

the person applies to the Federal Court; and

reasonable notice of the intention to make the application has been given to the Attorney-General;

the Federal Court shall, subject to subsection (6), order that the person be released from that custody.

because to do so would have been dangerous to the life or prejudicial to the health of the person; or

for any other reasonable cause;

the Federal Court shall not order that the person be released from custody.

property or a thing is seized under section 13 or 14; and

the property or thing:

may be material as evidence in proving any offence referred to in subparagraph 13(1)(b)(i) or paragraph 14(1)(a), as the case requires, in relation to a person whose surrender is sought by an extradition country; or

has been acquired as a result of such an offence;

the Attorney-General may, whether or not a surrender warrant or a temporary surrender warrant is issued in respect of the person, direct, by notice in writing, that the property or thing be sent to the extradition country.

arrests a person under an indorsed New Zealand warrant or a provisional arrest warrant; and

has reasonable grounds for suspecting that property in the vicinity of the person that is under the apparent control of the person:

may be material as evidence in proving any offence in relation to which the provisional arrest warrant or any indorsed New Zealand warrant in relation to the person was issued; or

has been acquired by the person as a result of such an offence;

the police officer may seize that property.

arrests a person under an indorsed New Zealand warrant or a provisional arrest warrant; and

has reasonable grounds for suspecting that there is on the person, in the clothing that the person is wearing or in or on any property in the vicinity of the person that is under the apparent control of the person, any thing, including a sum of money:

that may be material as evidence in proving any offence in relation to which the provisional arrest warrant or any indorsed New Zealand warrant in relation to the person was issued; or

that has been acquired by the person as a result of such an offence;

the police officer may search that person, that person’s clothing or that property, and may seize any thing found as a result of that search.

that may be material as evidence in proving any offence in relation to which an indorsed New Zealand warrant or a provisional arrest warrant was issued; or

that has been acquired by a person as a result of such an offence;

and the affidavit sets out those grounds, the magistrate or Judge may issue a warrant, in the statutory form, authorising a police officer named in the warrant, with such assistance, and by such force, as is necessary and reasonable:

to seize the thing;

to enter upon or into the place and to seize the thing; or

to enter upon or into the place, to search the place for any such thing and to seize any such thing found in the place.

there has been given to the magistrate or Judge by affidavit such further information (if any) as the magistrate or Judge requires concerning the grounds on which the issue of the warrant is being sought; and

the magistrate or Judge is satisfied that there are reasonable grounds for issuing the warrant.

the purpose for which it is issued, including a reference to the nature of any offence referred to in paragraph (1)(a);

whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night;

the kind of things authorised to be seized; and

that it ceases to have effect on a specified day, not being later than 1 month after the day of issue of the warrant.

a police officer finds any thing that the police officer believes on reasonable grounds to be connected with the offence, although not of a kind stated in the warrant; and

the police officer believes on reasonable grounds that it is necessary to seize that thing in order to prevent its concealment, loss or destruction;

the warrant is deemed to authorise the police officer to seize the thing.

a person is on remand under section 32; and

an indorsed New Zealand warrant has been obtained in relation to the person;

the person may inform the magistrate or Judge that he or she consents to being surrendered to New Zealand in relation to an offence for which the indorsed warrant has been obtained.

advise the person that the effect of so consenting will be that:

the person will be committed to prison without any proceedings being conducted under section 34; and

the person will be surrendered to New Zealand as soon as practicable; and

if, after the person has been so advised, the person again consents to being surrendered:

by warrant in accordance with subsection 38(1), order that the person be surrendered to New Zealand as soon as practicable; and

by warrant in the statutory form, order that, pending the execution of the warrant referred to in subparagraph (i), the person be committed to prison.

either:

a person has been remanded after being arrested under an indorsed New Zealand warrant; or

a person has been remanded after being arrested under a provisional arrest warrant and an indorsed New Zealand warrant has been obtained in relation to the person; and

a request is made to a magistrate or eligible Judge by or on behalf of the person or New Zealand for proceedings to be conducted under this section;

the magistrate or Judge shall, unless the magistrate or Judge makes an order under subsection (2):

by warrant in accordance with subsection 38(1), order that the person be surrendered to New Zealand; and

by warrant in the statutory form, order that, pending the execution of the warrant referred to in paragraph (c), the person be committed to prison.

the offence in relation to which any indorsed New Zealand warrant in relation to the person was issued is of a trivial nature;

if that offence is an offence of which the person is accused—the accusation was not made in good faith or in the interests of justice; or

a lengthy period has elapsed since that offence was committed or allegedly committed;

or for any other reason, it would be unjust, oppressive or too severe a punishment to surrender the person to New Zealand, the magistrate or Judge shall order that the person be released.

in the case of an order under paragraph 34(1)(c)—the person; or

in the case of an order under subsection 34(2)—New Zealand;

may, within 15 days after the day on which the magistrate or Judge makes the order, apply to the Federal Court for a review of the order.

confirm the order of the magistrate or Judge; or

quash the order of the magistrate or Judge and direct a magistrate or eligible Judge to:

in the case of an order under paragraph 34(1)(c)—order the release of the person; or

in the case of an order under subsection 34(2)—order, by warrant, that the person be surrendered to New Zealand.

applies under subsection (1) for a review of an order;

appeals under subsection (3) against an order made on that review; or

appeals to the High Court against an order made on that appeal;

the following provisions have effect:

in the case of an application for review—the court to which the application is made shall review the order by way of rehearing, and may have regard to evidence in addition to or in substitution for the evidence that was before the magistrate or Judge;

in the case of an appeal—the court to which the appeal is made shall have regard only to the material that was before the court that conducted the review;

if, because of the order referred to in paragraph (a), (b) or (c), as the case requires, the person has been released, the court to which the application or appeal is made may order the arrest of the person;

if:

because of the order referred to in paragraph (a), (b) or (c), as the case requires, the person has not been released; or

the person has been arrested under an order made under paragraph (f);

the court to which the application or appeal is made may:

order that the person be kept in such custody as the court directs; or

if there are special circumstances justifying such a course, order the release on bail of the person;

until the review has been conducted or the appeal has been heard.

the Federal Court makes an order under subsection (2) that the person be surrendered to New Zealand or confirming an order under paragraph 34(1)(c); or

on appeal, the Full Court or the High Court makes an order that the person be surrendered to New Zealand or confirming such an order;

the Federal Court, the Full Court or the High Court (as the case may be) must order that the person be committed to prison pending the execution of the surrender warrant.

a surrender warrant has been issued in relation to a person under subsection 34(1) or in compliance with an order of a court under subparagraph 35(2)(b)(ii) (including on any appeal referred to in section 35);

no proceedings are being conducted or available under section 35 in relation to the order set out in the warrant or the order of the court, as the case requires;

the person is serving a sentence or sentences of imprisonment in relation to an offence or offences against a law of Australia;

the offence in relation to which any indorsed New Zealand warrant in relation to the person was issued is an offence of which the person is accused; and

the Attorney-General is satisfied that:

it is in the interests of the administration of justice that a warrant under this subsection should be issued; and

New Zealand has given adequate undertakings to the Attorney-General in relation to:

(A) the trial of the person in New Zealand for any offence referred to in paragraph (d) of which the person is accused;

(B) the return of the person to Australia; and

(C) the custody of the person while travelling to and from, and while in, New Zealand;

subject to subsection (4), the Attorney-General may issue a warrant under this subsection.

the Attorney-General is satisfied that the law of the State or the Northern Territory, as the case may be:

would permit the release of the person for the purpose of surrender to New Zealand under such a warrant; and

would, if the person were surrendered to New Zealand under such a warrant, permit the time spent by the person in custody in connection with the warrant (including time spent in custody outside Australia) to be counted towards the sentence or sentences in respect of the offence; and

consent to the surrender of the person to New Zealand under such a warrant has been given to the Attorney-General by:

the appropriate Minister of the Crown of the State;

the appropriate Minister of the Northern Territory;

as the case requires.

(a) authorise the eligible person to be taken into custody, transported in custody and, if necessary or convenient, detained in custody, by any police officer, for the purpose of enabling the eligible person to be placed in the custody of a specified person or a person included in a specified class (in this subsection called the escort officer) and transported out of Australia;

authorise the escort officer to transport the eligible person in custody out of Australia to a place in New Zealand for the purpose of surrendering the eligible person to a person appointed by New Zealand to receive the eligible person; and

be in writing in the statutory form.

who is in custody; or

to whom bail has been granted;

in respect of an offence that is alleged to have been committed, or of which the person has been convicted, in Australia, the warrant shall not be executed before the person has been released from custody in respect of that offence or any recognizances on which the person has been granted bail in respect of that offence have been discharged, as the case requires.

a surrender warrant or a temporary surrender warrant is issued in relation to a person;

the person is in custody in Australia under the warrant, or otherwise under this Act, more than 1 month after the day on which the warrant was first liable to be executed;

the person applies to the Federal Court; and

reasonable notice of the intention to make the application has been given to the Attorney-General;

the Federal Court shall, subject to subsection (8), order that the person be released from that custody.

because to do so would have been dangerous to the life or prejudicial to the health of the person; or

for any other reasonable cause;

the Federal Court shall not order that the person be released from custody.

property or a thing is seized under section 30 or 31; and

the property or thing:

may be material as evidence in proving an offence in relation to which an indorsed New Zealand warrant or the provisional arrest warrant referred to in that section was issued; or

has been acquired as a result of such an offence;

the Attorney-General may, whether or not a surrender warrant or a temporary surrender warrant is issued in respect of the person to whom the warrant referred to in subparagraph (b)(i) relates, direct, by notice in writing, that the property or thing be sent to New Zealand.

cause the evidence to be reduced to writing and attach a certificate, in the statutory form, in relation to the taking of the evidence; and

cause the writing and the certificate to be sent to the Attorney-General.

the trial of the person in Australia in respect of a particular offence or offences;

the return of the person to the country; and

the custody of the person while travelling to and from, and while in, Australia;

the following provisions have effect:

the person shall, while travelling to and from, and while in, Australia pursuant to the undertaking, be kept in such custody as the Attorney-General orders in writing;

the person shall not be tried in Australia in respect of any offence or offences other than an offence mentioned in paragraph (a);

the person shall not, under any law of the Commonwealth, a State or a Territory, be subject to any detention that would prevent the person being returned to the country pursuant to the undertaking.

a person is held in custody in accordance with an order of the Attorney-General under paragraph (1)(d); and

the country that surrendered the person requests the release of the person from custody;

the Attorney-General shall order that the person be released from custody.

a person is surrendered by a country to Australia; and

before the person is surrendered to Australia, the Attorney-General of Australia gives an undertaking to the country:

that life imprisonment will not be imposed on the person; or

specifying the maximum period of imprisonment that may be imposed on the person;

in the event that the person is found to have committed a particular offence or offences punishable by Australian law.

if subparagraph (1)(b)(i) applies—life imprisonment; or

if subparagraph (1)(b)(ii) applies—a period of imprisonment that is more than the period specified in the Attorney-General’s undertaking.

in the event that the person is found to have committed a particular offence—the maximum period of imprisonment that applies to the offence; or

in the event that the person is found to have committed particular offences—the total of each maximum period of imprisonment that applies to each offence.

a magistrate or eligible Judge in a State or Territory remands the person under section 15; and

the person engaged in conduct outside Australia at an earlier time; and

(c) the conduct, or equivalent conduct, would have constituted an offence (the notional Australian offence) against a law of the Commonwealth, or the State or Territory, if the conduct or equivalent conduct had occurred in the State or Territory at the earlier time.

Absolute liability

the physical elements and fault elements (however described), if any, that apply in relation to the notional Australian offence have effect; and

any defences or special liability provisions (however described) that apply in relation to the notional Australian offence have effect; and

any procedures or limitations (however described) that apply in relation to the prosecution of the notional Australian offence have effect; and

if the conduct outside Australia consisted of 2 or more acts or omissions, regard may be had to all, some or only one of those acts or omissions.

an extradition country has sought the surrender of the person in respect of an extradition offence, or offences including an extradition offence, constituted by the conduct referred to in paragraph (1)(b); and

the Attorney-General has determined under section 15B or 22 that the person is not to be surrendered to the extradition country.

Arresting, charging and remanding person before consent

a person may be arrested for the offence, and a warrant for the arrest of a person for the offence may be issued and executed;

a person may be charged with the offence; and

a person so charged may be remanded in custody or on bail.

Consent is not a legislative instrument

in a personal capacity; and

not as a court or a member of a court.

arrange with the Governor of a State for the performance, by all or any of the persons who from time to time hold office as magistrates of that State, of the functions of a magistrate under this Act; or

arrange with the Governor of New South Wales for the performance, by all or any of the persons who from time to time hold office as Judges of the Local Court of New South Wales, of the functions of a magistrate under this Act; or

arrange with the Chief Minister of the Australian Capital Territory for the performance, by all or any of the persons who from time to time hold office as magistrates of the Australian Capital Territory, of the functions of a magistrate under this Act; or

arrange with the Administrator of the Northern Territory for the performance, by all or any of the persons who from time to time hold office as Judges of the Local Court of the Northern Territory, of the functions of a magistrate under this Act.

the Attorney-General decides to give a notice under subsection 16(1), 16A(2) or 43(1) directed to a magistrate or eligible Judge; or

the Attorney-General is required to give a notice under subsection 12(3), 15B(4) or 17(1) directing a magistrate or eligible Judge.

Giving the notice to a magistrate or Judge

if the notice, or a copy of the notice, is handed to a magistrate or eligible Judge—when the notice or copy is handed to the magistrate or Judge; or

if the notice, or a copy of the notice, is sent to a magistrate or eligible Judge by post—at the time at which the notice or copy would be delivered in the ordinary course of post; or

if the notice, or a copy of the notice, is sent to a magistrate or eligible Judge by fax, email or other electronic means—at the time when the notice or copy is sent to the magistrate or Judge.

the transferee may be transported in custody through Australia for the purposes of being so surrendered;

where the aircraft or ship that transports the transferee makes a landing or calls at a place in Australia:

the person holding the transferee in custody before the landing or call is made may hold the transferee in custody at the place for a period not exceeding 24 hours;

any police officer may provide such assistance at the place as is reasonable and necessary to facilitate the transporting of the transferee in custody;

any magistrate or eligible Judge to whom application is made, in the statutory form, by or on behalf of the receiving country shall issue a warrant ordering a person specified in the warrant to hold the transferee in custody for such period or periods as the magistrate or Judge considers necessary to facilitate the transporting of the transferee;

the Attorney-General may, on application by the receiving country, authorise in writing a magistrate or eligible Judge to issue a warrant ordering a person specified in the warrant to hold the transferee in custody for a further specified period in order to facilitate the transporting of the transferee; and

the Attorney-General may at any time direct any person having custody of the transferee under this paragraph to release the transferee from custody.

the Attorney-General determines under subsection 15B(2) or 22(2) that a person is to be surrendered to an extradition country in relation to one or more extradition offences; and

the person applies to a court for judicial review of the determination.