Commonwealth Consolidated Acts

EXTRADITION (REPEAL AND CONSEQUENTIAL PROVISIONS) ACT 1988 - SECT 8

(1)

Where:

(a)

either or both of the following conditions is or are satisfied in relation to a person:

(i)

a warrant for the apprehension of the person was issued before the commencement time under subsection 14(1) of the former Commonwealth Extradition Act;

(ii)

a requisition was made before the commencement time to the Attorney-General for the surrender of the person under that Act;

(b)

the declared Commonwealth country referred to in that subsection or that made the requisition, as the case may be, is, immediately after the commencement time, an extradition country within the meaning of the Extradition Act 1988 ; and

(c)

the person is not a former Act person;

then, for the purposes of the application of the Extradition Act 1988 in relation to the person:

(d)

if the warrant referred to in subparagraph (a)(i) was in force immediately before the commencement time—the warrant shall be taken to be in force immediately after the commencement time under subsection 12(1) of the Extradition Act 1988 ;

(e)

if the requisition referred to in subparagraph (a)(ii) was current immediately before the commencement time—the requisition shall be taken to be an extradition request current under the Extradition Act 1988 immediately after the commencement time;

(f)

if any notice was issued in relation to the person in accordance with paragraph 12(1)(a) or (b) of the former Commonwealth Extradition Act before the commencement time and had not been revoked before that time—the notice shall be taken to have been issued under subsection 16(1) of the Extradition Act 1988 ;

(g)

if any warrant issued under section 14B of the former Commonwealth Extradition Act in relation to an offence to which a requisition for the surrender of the person related was in force immediately before the commencement time—the warrant shall be taken to be in force immediately after the commencement time under section 14 of the Extradition Act 1988 ; and

(h)

if the person was on remand immediately before the commencement time under subsection 15(2) of the former Commonwealth Extradition Act—the person shall be taken to be on remand immediately after the commencement time under subsection 15(2) of the Extradition Act 1988 .

(2)

Where:

(a)

either or both of the following conditions is or are satisfied in relation to a person:

(i)

a warrant for the apprehension of the person was issued before the commencement time under subsection 16(1) of the former Foreign Extradition Act;

(ii)

a requisition was made before the commencement time to the Attorney-General for the surrender of the person under that Act;

(b)

the foreign State referred to in that subsection or that made the requisition, as the case may be, is, immediately after the commencement time, an extradition country within the meaning of the Extradition Act 1988 ; and

(c)

the person is not a former Act person;

then, for the purposes of the application of the Extradition Act 1988 in relation to the person:

(d)

if the warrant referred to in subparagraph (a)(i) was in force immediately before the commencement time—the warrant shall be taken to be in force immediately after the commencement time under subsection 12(1) of the Extradition Act 1988 ;

(e)

if the requisition referred to in subparagraph (a)(ii) was current immediately before the commencement time—the requisition shall be taken to be an extradition request current under the Extradition Act 1988 immediately after the commencement time;

(f)

if any notice was issued in relation to the person in accordance with paragraph 15(1)(a) or (b) of the former Foreign Extradition Act before the commencement time and had not been revoked before that time—the notice shall be taken to have been issued under subsection 16(1) of the Extradition Act 1988 ;

(g)

if any warrant issued under section 16B of the former Foreign Extradition Act in relation to an offence to which a requisition for the surrender of the person related was in force immediately before the commencement time—the warrant shall be taken to be in force immediately after the commencement time under section 14 of the Extradition Act 1988 ; and

(h)

if the person was on remand immediately before the commencement time under subsection 17(2) of the former Foreign Extradition Act—the person shall be taken to be on remand immediately after the commencement time under subsection 15(2) of the Extradition Act 1988 .

(3)

Where:

(a)

either or both of the following conditions is or are satisfied in relation to a person:

(i)

a warrant for the apprehension of the person was indorsed before the commencement time under section 24 of the former Commonwealth Extradition Act;

(ii)

a warrant for the apprehension of the person was issued before the commencement time under section 25 of that Act; and

(b)

the person is not a former Act person;

then, for the purposes of the application of the Extradition Act 1988 in relation to the person:

(c)

if the warrant referred to in subparagraph (a)(i) was in force immediately before the commencement time—the warrant shall be taken to have been indorsed under subsection 28(1) of that Act;

(d)

if the warrant referred to in subparagraph (a)(ii) was in force immediately before the commencement time—the warrant shall be taken to be in force immediately after the commencement time under section 29 of that Act;

(e)

if any warrant issued under section 25B of the former Commonwealth Extradition Act in relation to the person was in force immediately before the commencement time—the warrant shall be taken to be in force immediately after the commencement time under section 31 of the Extradition Act 1988 ; and

(f)

if the person was on remand immediately before the commencement time under subsection 26(2) of the former Commonwealth Extradition Act—the person shall be taken to be on remand immediately after the commencement time under subsection 32(2) of the Extradition Act 1988 .

(4)

Any certificate issued by the Attorney-General under section 32A of the former Commonwealth Extradition Act or section 25A of the former Foreign Extradition Act has effect for the purposes of any proceedings under the Extradition Act 1988 as if the certificate were issued under section 52 of the last-mentioned Act.