Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if a magistrate or eligible Judge has advised the Attorney - General under paragraph 15A(4)(b) that a person wishes to waive extradition in relation to one or more extradition offences.
(2) The Attorney - General must, as soon as is reasonably practicable, having regard to all the circumstances, determine whether or not the person is to be surrendered to the extradition country concerned in relation to the extradition offences.
(3) The Attorney - General may only determine that the person be surrendered to the extradition country concerned if:
(a) the Attorney - General does not have substantial grounds for believing that, if the person were surrendered to the extradition country, the person would be in danger of being subjected to torture; and
(b) the Attorney - General is satisfied that, on surrender to the extradition country, there is no real risk that the death penalty will be carried out upon the person in relation to any offence.
(4) If the Attorney - General determines that the person is not to be surrendered, the Attorney - General must, by notice in writing in the statutory form, direct a magistrate or eligible Judge to order the release of the person from custody.