Commonwealth Consolidated Acts

EXTRADITION ACT 1988 - SECT 15

  (1)   A person who is arrested under an extradition arrest warrant shall be brought as soon as practicable before a magistrate or eligible Judge in the State or Territory in which the person is arrested.

  (2)   The person shall be remanded by a magistrate or eligible Judge in custody, or, subject to subsection   ( 6), on bail, for such period or periods as may be necessary for proceedings under one or more of sections   15A, 18 and 19 to be conducted.

  (3)   If a person is remanded in custody after making an application for bail, the person cannot make another application for bail during that remand unless there is evidence of a change of circumstances that might justify bail being granted.

  (4)   At any time before proceedings under section   15A, 18 or 19 commence in relation to a perso n   ( in this section called the transferee ) who is on remand under subsection   ( 2), the Attorney - General may, by warrant in the statutory form:

  (a)   where the transferee is in custody--direct a magistrate or eligible Judge to order the release of the transferee into the custody of a specified police officer and authorise that police officer to take the transferee in custody to appear before a magistrate or eligible Judge in a specified State or Territory; or

  (b)   where the transferee has been granted bail--direct a magistrate or eligible Judge to order the discharge of the recognizances on which bail was granted and authorise a specified police officer to take the transferee in custody to appear before a magistrate or eligible Judge in a specified State or Territory.

  (5)   The transferee shall be remanded by a magistrate or eligible Judge in the specified State or Territory in custody, or, subject to subsection   ( 6), on bail, for such period or periods as may be necessary for proceedings under one or more of sections   15A, 18 and 19 to be conducted.

  (6)   A magistrate or eligible Judge shall not remand a person on bail under this section unless there are special circumstances justifying such remand.