Commonwealth Consolidated Acts

EXTRADITION ACT 1988 - SECT 43

(1)

Where the Attorney-General suspects that a person is an extraditable person in relation to Australia (whether or not the Attorney-General knows or suspects the person to be in a particular country or has made a request under section 40 or otherwise in relation to the person), the Attorney-General may, by notice in writing in the statutory form, authorise the taking of evidence for use in any proceedings for the surrender of the person to Australia.

(2)

Where the Attorney-General authorises the taking of evidence under subsection (1), a magistrate may take the evidence on oath or affirmation of each witness appearing before the magistrate to give evidence in relation to the matter and the magistrate shall:

(a)

cause the evidence to be reduced to writing and attach a certificate, in the statutory form, in relation to the taking of the evidence; and

(b)

cause the writing and the certificate to be sent to the Attorney-General.

(3)

At a proceeding in relation to a person before a magistrate under this section, a legal or other representative of the person is not entitled to appear.