Commonwealth Consolidated Acts Commonwealth Consolidated ActsApplication of section--before decision has been made as to whether or not to give section 16 notice
(1) This section applies to a person who is on remand under section 15 at a particular time (the waiver time ) if, as at the waiver time, the Attorney - General has not yet made a decision as to whether or not to give a notice in relation to the person under subsection 16(1) in relation to one or more extradition offences.
Application of section--after section 16 notice given
(2) This section also applies to a person who is on remand under section 15 at a particular time (the waiver time ) if:
(a) before the waiver time, the Attorney - General gave a notice in relation to the person under subsection 16(1) in relation to one or more extradition offences; and
(b) as at the waiver time, a magistrate or eligible Judge has not done either of the following:
(i) advised the Attorney - General under subparagraph 18(2)(b)(ii) that the person has consented to be surrendered in relation to the extradition offence or all of the extradition offences;
(ii) determined under subsection 19(1) that the person is eligible for surrender in relation to any of the extradition offences.
Person may inform a magistrate or Judge that he or she wishes to waive extradition
(3) The person may inform a magistrate or eligible Judge that he or she wishes to waive extradition in relation to:
(a) if an extradition request has not been made for the surrender of the person--the extradition offence or all of the extradition offences specified in the extradition arrest warrant to which the remand relates; or
(b) if an extradition request has been made for the surrender of the person--the extradition offence or all of the extradition offences for which surrender of the person is sought.
Magistrate or Judge must make order etc. if satisfied of matters
(4) If a magistrate or eligible Judge is satisfied of the matters in subsections ( 5)(a), (c) and (d) in relation to the person, and has informed the person as mentioned in paragraph ( 5)(b), the magistrate or Judge must:
(a) by warrant in the statutory form, order that the person be committed to prison pending a determination by the Attorney - General under subsection 15B(2) that the person be surrendered, or not be surrendered, in relation to the extradition offence or extradition offences mentioned in paragraph ( 3)(a) or (b), as the case may be; and
(b) advise the Attorney - General in writing that the person wishes to waive extradition for those offences.
(5) Before making an order under paragraph ( 4)(a) in relation to a person, the magistrate or Judge :
(a) must be satisfied that the person voluntarily informed a magistrate or eligible Judge under subsection ( 3); and
(b) must inform the person:
(i) that, once the order is made, the person cannot apply for the order to be revoked; and
(ii) of the consequences of the fact that the extradition country concerned may not have given, and if the order is made will not be required to give, a speciality assuranc e ( of a kind mentioned in subsection 22(4)) in relation to the person; and
(iii) that certain requirements in this Act that would otherwise apply in respect of the person will not apply if the order is made (including, but not limited to, requirements relating to extradition objections); and
(iv) that, after the order is made, the person will be surrendered to the extradition country concerned if the Attorney - General determines under subsection 15B(2) that the person is to be so surrendered; and
(c) having informed the person as mentioned in paragraph ( b)--must be satisfied that the person has confirmed that he or she wishes to waive extradition as mentioned in subsection ( 3); and
(d) must be satisfied that the person is legally represented, or was given an adequate opportunity to be legally represented, in the proceedings before the magistrate or Judge .
Rules that apply until magistrate or Judge decides not to make an order
(6) After a person informs a magistrate or eligible Judge under subsection ( 3) that the person wishes to waive extradition in relation to an extradition offence or extradition offences, the following rules apply unless and until a magistrate or eligible Judge decides not to make an order under paragraph ( 4)(a) in relation to the person:
(a) if a decision as to whether or not to give a notice under subsection 16(1) had not, as at the waiver time, been made in relation to the person in relation to the extradition offence or extradition offences--the Attorney - General must not decide whether or not to give such a notice;
(b) if, before the waiver time, a notice under subsection 16(1) had been given in relation to the person in relation to the extradition offence or extradition offences:
(i) sections 18 and 19 do not apply to the person in relation to the extradition offence or extradition offences; and
(ii) any proceedings that were on foot as at the waiver time under section 18 or 19 in relation to the person in relation to the extradition offence or extradition offences are stayed.
Magistrate or Judge must advise Attorney - General if not satisfied of matters
(7) If a magistrate or eligible Judge is not satisfied of the matters in paragraphs ( 5)(a), (c) and (d) in relation to the person, the magistrate or Judge must advise the Attorney - General in writing that the magistrate or Judge has decided not to make an order under paragraph ( 4)(a) in relation to the person.