Commonwealth Consolidated Acts

EXTRADITION ACT 1988 - SECT 36

(1)

Subject to this section, where:

(a)

a surrender warrant has been issued in relation to a person under subsection 34(1) or in compliance with an order of a court under subparagraph 35(2)(b)(ii) (including on any appeal referred to in section 35);

(b)

no proceedings are being conducted or available under section 35 in relation to the order set out in the warrant or the order of the court, as the case requires;

(c)

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

(d)

the offence in relation to which any indorsed New Zealand warrant in relation to the person was issued is an offence of which the person is accused; and

(e)

the Attorney-General is satisfied that:

(i)

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

(ii)

New Zealand has given adequate undertakings to the Attorney-General in relation to:

(A) the trial of the person in New Zealand for any offence referred to in paragraph (d) 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, New Zealand;

subject to subsection (4), the Attorney-General may issue a warrant under this subsection.

(2)

For the purposes of paragraph (1)(c), 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 the Attorney-General issues a warrant under subsection (1), the surrender warrant referred to in paragraph (1)(a) is by force of this subsection cancelled.

(4)

Where any offence referred to in paragraph (1)(c) 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 New Zealand under such a warrant; and

(ii)

would, if the person were surrendered to New Zealand 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 New Zealand 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.

(5)

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

(6)

Where any offence referred to in paragraph (1)(c) 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.