Commonwealth Consolidated Acts

EXTRADITION ACT 1988 - SECT 19A

Scope

  (1)   This section applies if:

  (a)   a notice under subsection   16(1) has been given in relation to a person in respect of whom an extradition request has been made by an extradition country; and

  (b)   either:

  (i)   in proceedings under section   18, the person consents in accordance with that section to being surrendered to the extradition country in relation to the extradition offence or all of the extradition offences to which the notice relates; or

  (ii)   in proceedings under subsection   19(1), a magistrate or eligible Judge determines that the person is eligible for surrender to the extradition country in relation to one or more of the extradition offences to which the notice relates; and

  (c)   the extradition country requested in the extradition request that the person be surrendered for one or more extradition offences (the additional extradition offences ) that are not specified in the notice.

Consent to being surrendered in respect of the additional extradition offences

  (2)   If the magistrate or Judge is satisfied that there is no extradition objection in relation to any of the additional extradition offences, the magistrate or Judge must, in those proceedings, ask the person whether he or she consents to being surrendered to the extradition country in respect of the additional extradition offences.

  (3)   Before asking the person whether he or she consents to being surrendered in respect of the additional extradition offences, the magistrate or Judge must:

  (a)   either:

  (i)   be satisfied that the person is legally represented; or

  (ii)   if the magistrate or Judge is not so satisfied--give the person an adequate opportunity to be legally represented; and

  (b)   inform the person that, if the person is surrendered, the person may be tried and sentenced in the extradition country for any additional extradition offence in relation to which the person gives consent; and

  (c)   inform the person that the person may be tried and sentenced in the extradition country even though, had the conduct of the person constituting the additional extradition offences, or equivalent conduct, taken place in Australia at the time the extradition request concerned was received, that conduct may not have constituted an extradition offence in relation to Australia.

Magistrate or Judge to advise Attorney - General of consent

  (4)   If the person gives his or her consent to being so surrendered, the magistrate or Judge must, unless he or she considers that the consent was not given voluntarily, advise the Attorney - General in writing of the additional extradition offences in respect of which the person has so consented.