Extradition (Foreign States) Amendment Act 1985 No. 18 of 1985 - SECT 10

Extradition (Foreign States) Amendment Act 1985 No. 18 of 1985 - SECT 10

10. After section 17 of the Principal Act the following section is inserted:
Review of Magistrate's decision

"17A. (1) Where, under sub-section 17 (6), a Magistrate orders that a person
be released, a foreign state may apply to the Federal Court, or to the Supreme
Court of the State or Territory in which the person was apprehended, for a
review of the order, and the Court may review the order.

"(2) Where, after a person is released pursuant to an order under sub-section
17 (6), a foreign state applies under sub-section (1) 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.

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

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

   (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.



"(5) The review of the order shall be by way of rehearing, and evidence in
addition to, or in substitution for, the evidence given on the making of the
order may be given on or in connection with the review, but the person whose
surrender is requested is not entitled to adduce, and the Court is not
entitled to receive, evidence to controvert an allegation that the person has
committed an act or omission in respect of which the surrender of the person
is requested.

"(6) For the purposes of a review under this section, a copy of a public
document or of a document filed in a Department or office of the Commonwealth
or of a State or Territory, certified to be a true copy of the document by the
person purporting by the certificate to have charge of the document, is
admissible as evidence of the facts stated in the copy.

"(7) Upon the review of an order, the Court may confirm or vary the order, or
quash the order and make a new order in substitution for the order so quashed.

"(8) The order as confirmed or varied, or the substituted order, shall be
executed according to its tenor as if it had been made by the Magistrate.

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

   (a)  an order confirmed under sub-section (7);

   (b)  an order as varied under sub-section (7); or

   (c)  an order made under sub-section (7) in substitution for an order
        quashed under that sub-section.



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

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