Commonwealth Numbered Acts

Extradition (Foreign States) Amendment Act 1985 No. 18 of 1985 - SECT 9

9. Section 17 of the Principal Act is amended-

   (a)  by inserting after sub-section (2A) the following sub-section:

"(2B) Where, under sub-section (2), a Magistrate remands a
a person in custody after the person has made an application
for bail, the person is not entitled to apply to any other
court or person for release on bail.";

   (b)  by omitting sub-section (5) and substituting the following
        sub-sections:



"(5) Where the Magistrate does not receive such a notice within-

   (a)  in a case to which paragraph (b) does not apply-45 days after the day
        on which the person was apprehended; or

   (b)  if a treaty in force between Australia and the foreign state in which,
        or within the jurisdiction of which or of a part of which, the person
        is alleged to have committed, or has committed, an extradition crime
        specifies a different period after the apprehension of the person as
        the period by which a requisition for the surrender of the person must
        be made-that period,
or within such further period as the Magistrate considers reasonable having
regard to all the circumstances, the Magistrate shall-

   (c)  if the person apprehended is held in custody-order that the person be
        released; or

   (d)  if the person has been admitted to bail-make an order discharging the
        recognizances upon which the person was admitted to bail.



"(5A) A person brought before a Magistrate under this section may-

   (a)  where the person was apprehended under a warrant issued otherwise than
        pursuant to an authority by the Attorney-General in a notice under
        paragraph 15 (1) (a) and the Magistrate receives a notice under
        paragraph 15 (1) (b)-after the Magistrate receives the notice by the
        Attorney-General under paragraph 15 (1) (b); or

   (b)  where the person was apprehended under a warrant issued pursuant to an
        authority by the Attorney-General in a notice under paragraph 15 (1)
        (a)-upon being brought before the Magistrate,
inform the Magistrate that the person consents to being surrendered to the
foreign state that made the requisition for the surrender of the person.



"(5B) Where a person informs a Magistrate that the person consents to being
surrendered to a foreign state, the Magistrate shall, unless the Magistrate
has reason to believe that the consent was not given voluntarily-

   (a)  advise the person that the effect of so consenting will be that-

        (i)    the foreign state requesting the surrender of the person will
               not be required to produce the documents referred to in
               sub-section (6);

        (ii)   the person will not be entitled to apply for a writ of habeas
               corpus under sub-section 18 (1); and

        (iii)  the person is liable to be surrendered to that foreign state
               forthwith; and

   (b)  if, after the person has been advised in accordance with paragraph
        (a), the person again consents to being surrendered-commit the person
        to prison to await the warrant of the Attorney-General for the
        surrender of the person to that foreign state.



"(5C) Where a Magistrate commits a person to prison in accordance with
paragraph (5B) (b), sub-sections (6) and (6A) do not apply to or in relation
to that person.";

   (c)  by omitting paragraphs (6) (a), (b) and (c) and substituting the
        following paragraphs:



"(a) there is produced to the Magistrate-

        (i)    in the case of a person who is accused of an extradition crime-

                (A)  a duly authenticated foreign warrant in respect of the
                     person issued in the foreign state that made the
                     requisition for the surrender of the person or a duly
                     authenticated copy of such a warrant;

                (B)  a duly authenticated statement in writing setting out a
                     description of each offence for which the surrender of
                     the person is requested and the penalty applicable to
                     each such offence; and

                (C)  a duly authenticated statement in writing setting out all
                     the acts or omissions in respect of which the surrender
                     of the person is requested; or

        (ii)   in the case of a person who is alleged to have been convicted
               of an extradition crime-such duly authenticated documents as
               provide evidence of the conviction, of the sentence imposed on
               the person or of the intention to impose a sentence on the
               person and of the extent to which a sentence imposed on the
               person has not been carried out,
and, if the application of this Act to the foreign state that made the
requisition for the surrender of the person is subject to any limitations,
conditions, exceptions or qualifications, any other documents required by
those limitations, conditions, exceptions or qualifications to be produced;
and

"(b) the Magistrate is satisfied, after taking into account any evidence
properly adduced by the person, that the person is liable to be surrendered to
the foreign state that made the requisition for the surrender,";

   (d)  by inserting after sub-section (6) the following sub-section:



"(6A) A person referred to in paragraph (6) (b) is not entitled to adduce, and
a Magistrate 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."; and

   (e)  by adding at the end of sub-section (8) "and, where a Magistrate
        commits a person to prison under paragraph (5B) (b), the Magistrate
        shall include in the certificate to the Attorney-General a statement
        that the Magistrate has advised the person in accordance with
        paragraph (5B) (a)".