Commonwealth Consolidated Acts

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EXTRADITION ACT 1988 - SECT 18

Consent to surrender

(1)
Where:

(a)
a person is on remand under section 15; and
(b)
the Attorney-General has given a notice under subsection 16(1) in relation to the person;

the person may inform a magistrate 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.

(2)
Where the person informs the magistrate that he or she so consents, the magistrate shall, unless the magistrate has reason to believe that the consent was not given voluntarily:

(a)
advise the person that the effect of so consenting will be that:
(i)
the person will be committed to prison without any proceedings being conducted under section 19 to determine whether the person is eligible for surrender in relation to any extradition offence; and
(ii)
the person will, if the Attorney-General issues a surrender warrant or a temporary surrender warrant, be surrendered to the extradition country; and
(b)
if, after the person has been advised as mentioned in paragraph (a), the person again consents to being surrendered:
(i)
by warrant in the statutory form, order that the person be committed to prison to await surrender under a surrender warrant or temporary surrender warrant or release pursuant to an order under subsection 22(5); and
(ii)
advise the Attorney-General in writing of the offence or the offences in respect of which the person has so consented.


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