Commonwealth Consolidated Acts

EXTRADITION ACT 1988 - SECT 17

(1)

Where a person is on remand under section 15 and:

(a)

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

(b)

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 to order:

(c)

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

(d)

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

(2)

Where:

(a)

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

(b)

a notice has not been given under subsection 16(1) in relation to the person;

the person shall be brought before a magistrate who shall, unless the magistrate is satisfied that such a notice is likely to be given within a particular period that is reasonable in all the circumstances, 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.

(3)

Where:

(a)

a magistrate was satisfied under subsection (2) that a notice under subsection 16(1) was likely to be given in relation to the person within a particular period; and

(b)

the notice is not given within the period;

the person shall be brought before a magistrate 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.