Commonwealth Consolidated Acts

EXTRADITION ACT 1988 - SECT 24

(1)

Subject to this section, where:

(a)

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

(b)

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

(c)

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

(d)

the Attorney-General is satisfied that:

(i)

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

(ii)

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.

(2)

For the purposes of paragraph (1)(b), the person shall be taken not to be serving a sentence of imprisonment if the person has been released on parole or licence, or has been otherwise conditionally released, for the remainder of the sentence.

(3)

Where any offence referred to in paragraph (1)(b) is an offence against the law of a State, the Northern Territory or Norfolk Island, the Attorney-General shall not issue the warrant unless:

(a)

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

(i)

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

(ii)

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

(b)

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

(i)

the appropriate Minister of the Crown of the State;

(ii)

the appropriate Minister of the Northern Territory; or

(iii)

the Administrator of Norfolk Island;

as the case requires.

(4)

Where, while the person is in the extradition country pursuant to the warrant, the person ceases to be liable to serve the sentence or sentences of imprisonment in Australia, the Attorney-General shall inform the extradition country that the undertakings referred to in subparagraph (1)(d)(ii) are no longer required to be complied with.

(5)

Where any offence referred to in paragraph (1)(b) is an offence against a law of the Commonwealth or of a Territory (other than the Northern Territory or Norfolk Island), any time spent by the person in custody in connection with the warrant (including time spent in custody outside Australia) shall be counted as time served towards the sentence or sentences of imprisonment referred to in that paragraph.