Commonwealth Numbered Acts

Extradition (Foreign States) Amendment Act 1985 No. 18 of 1985 - SECT 19

19. Section 27A of the Principal Act is repealed and the following section is
substituted: Taking of evidence for purposes of extradition

"27A. (1) Where a warrant has been issued in Australia for the apprehension of
a person accused of an extraditable crime as defined by section 20 and that
person is, or is suspected of being, in a foreign state or within the
jurisdiction of, or of a part of, a foreign state, the Attorney-General may,
by writing in accordance with the form prescribed for the purposes of this
sub-section, authorize the taking of evidence in Australia for transmission to
that foreign state for use in any proceedings in that foreign state for the
surrender of the person to Australia.

"(2) Where the Attorney-General authorizes the taking of evidence under
sub-section (1), a Magistrate may take the evidence on oath or affirmation of
each witness appearing before the Magistrate to give evidence in relation to
the matter, and a Magistrate who takes evidence under this sub-section shall-

   (a)  cause the evidence to be reduced to writing and certify at the end of
        that writing that the evidence was taken by the Magistrate; and

   (b)  cause the writing so certified to be sent to the Attorney-General.



"(3) At a proceeding before a Magistrate pursuant to this section, the accused
person is not entitled to appear, either in person or by a legal or other
representative.".