Commonwealth Numbered Acts

EXTRADITION ACT 1988 No. 4 of 1988 - SECT 19

19. (1) Where:

   (a)  a person is on remand under section 15;

   (b)  the Attorney-General has given a notice under subsection 16 (1) in
        relation to the person;

   (c)  an application is made to a magistrate by or on behalf of the person
        or the extradition country concerned for proceedings to be conducted
        in relation to the person under this section; and

   (d)  the magistrate considers that the person and the extradition country
        have had reasonable time in which to prepare for the conduct of such
        proceedings; the magistrate shall conduct proceedings to determine
        whether the person is eligible for surrender in relation to the
        extradition offence or extradition offences for which surrender of the
        person is sought by the extradition country.

(2) For the purposes of subsection (1), the person is only eligible for
surrender in relation to an extradition offence for which surrender of the
person is sought by the extradition country if:

   (a)  the supporting documents in relation to the offence have been produced
        to the magistrate;

   (b)  where this Act applies in relation to the extradition country subject
        to any limitations, conditions, exceptions or qualifications that
        require the production to the magistrate of any other documents-those
        documents have been produced to the magistrate;

   (c)  the magistrate is satisfied that, if the conduct of the person
        constituting the offence in relation to the extradition country, or
        equivalent conduct, had taken place in the part of Australia where the
        proceedings are being conducted and at the time at which the
        extradition request in relation to the person was received, that
        conduct or that equivalent conduct would have constituted an
        extradition offence in relation to that part of Australia; and

   (d)  the person does not satisfy the magistrate that there are substantial
        grounds for believing that there is an extradition objection in
        relation to the offence.
(3) In paragraph (2) (a), "supporting documents", in relation to an
extradition offence, means:

   (a)  if the offence is an offence of which the person is accused-a duly
        authenticated warrant issued by the extradition country for the arrest
        of the person for the offence, or a duly authenticated copy of such a
        warrant;

   (b)  if the offence is an offence of which the person has been
        convicted-such duly authenticated documents as provide evidence of:

        (i)    the conviction;

        (ii)   the sentence imposed or the intention to impose a sentence; and

        (iii)  the extent to which a sentence imposed has not been carried
               out; and (c) in any case:

        (i)    a duly authenticated statement in writing setting out a
               description of, and the penalty applicable in respect of, the
               offence; and

        (ii)   a duly authenticated statement in writing setting out the
               conduct constituting the offence.

(4) Where, in the proceedings:

   (a)  a document or documents containing a deficiency or deficiencies of
        relevance to the proceedings is or are produced; and

   (b)  the magistrate considers the deficiency or deficiencies to be of a
        minor nature; the magistrate shall adjourn the proceedings for such
        period as the magistrate considers reasonable to allow the deficiency
        or deficiencies to be remedied.

(5) In the proceedings, the person to whom the proceedings relate is not
entitled to adduce, and the magistrate is not entitled to receive, evidence to
contradict an allegation that the person has engaged in conduct constituting
an extradition offence for which the surrender of the person is sought.

(6) Subject to subsection (5), any document that is duly authenticated is
admissible in the proceedings.

(7) A document that is sought by or on behalf of an extradition country to be
admitted in the proceedings is duly authenticated for the purposes of this
section if:

   (a)  it purports to be signed or certified by a judge, magistrate or
        officer in or of the extradition country; and

   (b)  it purports to be authenticated by the oath or affirmation of a
        witness or to be sealed with an official or public seal:

        (i)    in any case-of the extradition country or of a Minister,
               Department of State or Department or officer of the Government,
               of the extradition country; or

        (ii)   where the extradition country is a colony, territory or
               protectorate-of the person administering the Government of that
               country or of any person administering a Department of the
               Government of that country.

(8) Nothing in subsection (6) prevents the proof of any matter or the
admission of any document in the proceedings in accordance with any other law
of the Commonwealth or any law of a State or Territory.

(9) Where, in the proceedings, the magistrate determines that the person is
eligible for surrender to the extradition country in relation to the
extradition offence or one or more of the extradition offences, the magistrate
shall:

   (a)  by warrant in the statutory form, order that the person be committed
        to prison to await surrender under a surrender warrant or
        temporary surrender warrant or release pursuant to an order under
        subsection 22 (5);

   (b)  inform the person that he or she may, within 15 days after the day on
        which the order in the warrant is made, seek a review of the order
        under subsection 21 (1); and

   (c)  record in writing the extradition offence or extradition offences in
        relation to which the magistrate has determined that the person is
        eligible for surrender and make a copy of the record available to the
        person and the Attorney-General.

(10) Where, in the proceedings, the magistrate determines that the person is
not, in relation to any extradition offence, eligible for surrender to the
extradition country seeking surrender, the magistrate shall:

   (a)  order that the person be released; and

   (b)  advise the Attorney-General in writing of the order and of the
        magistrate's reasons for determining that the person is not eligible
        for surrender.