Commonwealth Consolidated Acts

EXTRADITION ACT 1988 - SECT 12

(1)

Where:

(a)

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

(b)

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

(2)

The magistrate shall forthwith send to the Attorney-General a report stating that the magistrate has issued the warrant, together with a copy of the affidavit.

(3)

Where:

(a)

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

(b)

the person has not been arrested under the warrant; and

(c)

either:

(i)

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

(ii)

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 to cancel the warrant.