Commonwealth Consolidated Acts

EXTRADITION ACT 1988 - SECT 16

(1)

Where the Attorney-General receives an extradition request from an extradition country in relation to a person, the Attorney-General may, in his or her discretion, by notice in writing in the statutory form expressed to be directed to any magistrate, state that the request has been received.

(2)

The Attorney-General shall not give the notice:

(a)

unless the Attorney-General is of the opinion:

(i)

that the person is an extraditable person in relation to the extradition country; and

(ii)

that, if the conduct of the person constituting the extradition offence, or any of the extradition offences, for which surrender of the person is sought, or equivalent conduct, had taken place in Australia at the time at which the extradition request was received, the conduct or the equivalent conduct would have constituted an extradition offence in relation to Australia; or

(b)

if the Attorney-General is of the opinion that there is an extradition objection in relation to the extradition offence, or all of the extradition offences, for which surrender of the person is sought.

(3)

As soon as practicable after the person is remanded under section 15 or the notice is issued, whichever is the later:

(a)

a copy of the notice; and

(b)

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

shall be given to the person.