Extradition (Foreign States) Amendment Act 1985 No. 18 of 1985 - SECT 11 Surrender of fugitive to foreign state

Extradition (Foreign States) Amendment Act 1985 No. 18 of 1985 - SECT 11

11. Section 18 of the Principal Act is amended-
(a) by omitting from sub-section (1) "apply to a court of competent
jurisdiction" and substituting ", within that period of 15 days, apply either
to the Federal Court, or to the Supreme Court of the State or Territory in
which the person is held in custody,";

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



"(1A) The prisoner is not entitled to apply to the Federal Court or the
Supreme Court of a State or Territory for a writ of habeas corpus after the
expiration of the period referred to in sub-section (1).



"(1B) An appeal lies to the Full Court of the Federal Court from an order made
on an application by the prisoner for a writ of habeas corpus if the appeal is
instituted within 15 days after the date of the decision of the Federal Court
or the Supreme Court in relation to that application.



"(1C) Except as provided by sub-section (1B), an appeal does not lie from an
order referred to in that sub-section.



"(2) After-

   (a)  the expiration of the period referred to in sub-section (1); or

   (b)  if an application for a writ of habeas corpus is made by the prisoner
        within that period and the court to which the application is made, or,
        where an appeal is brought from the decision of that court to the Full
        Court of the Federal Court, the Full Court, refuses to order that the
        prisoner be released-the expiration of the period of 15 days from the
        day of the decision of the first-mentioned Court or the Full Court of
        the Federal Court, as the case may be,
whichever is the later, the Attorney-General may-

   (c)  if satisfied that the prisoner is liable to be surrendered to the
        foreign state; and

   (d)  unless of the opinion that the offence to which the requisition for
        the surrender of the prisoner relates is, or is by reason of the
        circumstances in which it is alleged to have been committed or was
        committed, an offence of a political character or that the requisition
        for his surrender has in fact been made with a view to try or punish
        him for an offence of a political character,
by warrant in accordance with the form prescribed for the purposes of this
sub-section or, where the prisoner is held in custody otherwise than at a
prison, in accordance with that form with such variations as are necessary to
meet the circumstances of the case, order that the prisoner be delivered into
the custody of a person specified in the warrant and be conveyed by that
person to a place in that foreign state or within the jurisdiction of, or of a
part of, that foreign state and there surrendered to some person appointed by
that foreign state to receive the prisoner.



"(2A) Sub-sections (1), (1A), (1B) and (2) do not apply in relation to a
person committed to prison under paragraph 17 (5B) (b).



"(2B) Where a Magistrate-

   (a)  pursuant to paragraph 17 (5B) (b), commits a person (in this section
        referred to as the 'volunteer prisoner') to prison; or

   (b)  pursuant to sub-section 17 (7), orders that a person (in this section
        also referred to as the 'volunteer prisoner') who could be committed
        to prison under paragraph 17 (5B) (b) be held in custody,
to wait the warrant of the Attorney-General for the surrender of the volunteer
prisoner to a foreign state, the Attorney-General may-

   (c)  if satisfied that the volunteer prisoner is liable to be surrendered
        to the foreign state; and

   (d)  unless of the opinion that the offence to which the requisition for
        the surrender of the volunteer prisoner relates is, or is by reason of
        the circumstances in which it is alleged to have been committed or was
        committed, an offence of a political character or that the requisition
        for his surrender has in fact been made with a view to try or punish
        him for an offence of a political character,
by warrant in accordance with the form prescribed for the purposes of this
sub-section or, where the volunteer prisoner is held in custody otherwise than
at a prison, in accordance with that form with such variations as are
necessary to meet the circumstances of the case, order that the volunteer
prisoner be delivered into the custody of a person specified in the warrant
and be conveyed by that person to a place in that foreign state or within the
jurisdiction of, or of a part of, that foreign state and there surrendered to
some person appointed by that foreign state to receive the volunteer
prisoner.";

   (c)  by omitting from sub-section (3) "the last preceding sub-section" and
        substituting "sub-section (2) or (2B)";

   (d)  by omitting from sub-section (5) "with the prisoner on his surrender"
        and substituting "to the foreign state"; and

   (e)  by adding at the end the following sub-section:



"(8) A reference in sub-section (4), (5), (6) or (7) to a prisoner shall be
construed as including a reference to a volunteer prisoner.".