Commonwealth Consolidated Acts

EXTRADITION ACT 1988 - SECT 44

(1)

Where a person is surrendered by a country to Australia pursuant to an undertaking by the Attorney-General of Australia in relation to:

(a)

the trial of the person in Australia in respect of a particular offence or offences;

(b)

the return of the person to the country; and

(c)

the custody of the person while travelling to and from, and while in, Australia;

the following provisions have effect:

(d)

the person shall, while travelling to and from, and while in, Australia pursuant to the undertaking, be kept in such custody as the Attorney-General orders in writing;

(e)

the person shall not be tried in Australia in respect of any offence or offences other than an offence mentioned in paragraph (a);

(f)

the person shall not, under any law of the Commonwealth, a State or a Territory, be subject to any detention that would prevent the person being returned to the country pursuant to the undertaking.

(2)

Where:

(a)

a person is held in custody in accordance with an order of the Attorney-General under paragraph (1)(d); and

(b)

the country that surrendered the person requests the release of the person from custody;

the Attorney-General shall order that the person be released from custody.