Commonwealth Consolidated Acts

EXTRADITION ACT 1988 - SECT 35

(1)

Where a magistrate of a State or Territory makes an order under section 34 in relation to a person:

(a)

in the case of an order under paragraph 34(1)(c)—the person; or

(b)

in the case of an order under subsection 34(2)—New Zealand;

may, within 15 days after the day on which the magistrate makes the order, apply to the Federal Court, or to the Supreme Court of the State or Territory, for a review of the order.

(2)

The Court may, by order:

(a)

confirm the order of the magistrate; or

(b)

quash the order of the magistrate and direct a magistrate to:

(i)

in the case of an order under paragraph 34(1)(c)—order the release of the person; or

(ii)

in the case of an order under subsection 34(2)—order, by warrant, that the person be surrendered to New Zealand.

(3)

The person or New Zealand, whether or not the person or New Zealand was the applicant for review under subsection (1), may appeal to the Full Court of the Federal Court from the order of the Federal Court or the Supreme Court.

(4)

The person or New Zealand is not entitled to appeal to the Full Court more than 15 days after the day on which the order of the Federal Court or the Supreme Court is made.

(5)

The High Court shall not grant special leave to appeal against the order of the Full Court made on the appeal referred to in subsection (3) if the application for special leave is made more than 15 days after the day on which the order of the Full Court is made.

(6)

Where the person or New Zealand:

(a)

applies under subsection (1) for a review of an order;

(b)

appeals under subsection (3) against an order made on that review; or

(c)

appeals to the High Court against an order made on that appeal;

the following provisions have effect:

(d)

in the case of an application for review—the court to which the application is made shall review the order by way of rehearing, and may have regard to evidence in addition to or in substitution for the evidence that was before the magistrate;

(e)

in the case of an appeal—the court to which the appeal is made shall have regard only to the material that was before the court that conducted the review;

(f)

if, because of the order referred to in paragraph (a), (b) or (c), as the case requires, the person has been released, the court to which the application or appeal is made may order the arrest of the person;

(g)

if:

(i)

because of the order referred to in paragraph (a), (b) or (c), as the case requires, the person has not been released; or

(ii)

the person has been arrested under an order made under paragraph (f);

the court to which the application or appeal is made may:

(iii)

order that the person be kept in such custody as the court directs; or

(iv)

if there are special circumstances justifying such a course, order the release on bail of the person on such terms and conditions as the court thinks fit;

until the review has been conducted or the appeal has been heard.