Commonwealth Numbered Acts

EXTRADITION (COMMONWEALTH COUNTRIES) AMENDMENT ACT 1985 No. 17 of 1985 - SECT 19

19. Section 28 of the Principal Act is amended -
(a) by inserting in sub-section (1) "Federal Court or to the" before
    "Supreme Court";


   (b)  by inserting after sub-section (1) the following sub-sections:

"(1A) Where, after a person is released pursuant to an order under
section 27, the person bringing the warrant applies under sub-section

(1) of this section for a review of the order, a Magistrate may issue a
warrant for the apprehension of the person in accordance with the
form prescribed for the purposes of this sub-section.

"(1B) A warrant issued under this section may be executed in any
State or Territory.";

   (c)  by omitting sub-section (2) and substituting the following
        sub-section:

"(2) The Court to which an application is made for a review of an
order that a person be released may -

   (a)  order the release on bail of the person on such terms and
conditions as the court thinks fit; or

   (b)  order that the person be kept in such custody as the court
directs in the State or Territory in which the person was last
apprehended until the order has been reviewed,
and may so order, where the order to be reviewed is an order that the
person be released, whether the person was not released pursuant to
the order before the application was made or was so released but was
apprehended pursuant to a warrant issued under sub-section (1A).";
and

   (d)  by adding at the end the following sub-sections:

"(7) An appeal lies to the Full Court of the Federal Court from -

   (a)  an order confirmed under sub-section (5);

   (b)  an order as varied under sub-section (5); or

   (c)  an order made under sub-section (5) in substitution for an
order quashed under that sub-section,
if the appeal is instituted within 15 days after the date of the decision of
the Federal Court or the Supreme Court on the review of the order of
the Magistrate.

"(8) In an appeal, the Full Court shall have regard only to the
evidence given in the proceedings out of which the appeal arose.

"(9) Except as provided by sub-section (7), an appeal does not lie
from an order referred to in that sub-section.".