Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Attorney - General must not issue a surrender warrant if:
(a) the person is serving a sentence of imprisonment in respect of an offence against an Australian law, or is otherwise subject to detention under an Australian law; and
(b) the Tribunal has been required to give adequate undertakings to the Attorney - General relating to:
(i) the person's return to Australia to serve the remainder of the sentence or other detention once the person is no longer required to be detained by, or on the order of, the Tribunal; and
(ii) the person's custody while travelling, and while in other countries, for the Tribunal's purposes; and
(c) the Attorney - General is not satisfied that the Tribunal has given adequate undertakings relating to those matters.
(2) For the purposes of this section, the person is not taken to be serving a sentence of imprisonment, or to be otherwise subject to detention, if he or she has been released on parole or licence, or has been otherwise conditionally released, for the remainder of the sentence or period of detention.