Commonwealth Consolidated Acts

EXTRADITION ACT 1988 - SECT 21A

Scope

  (1)   This section applies if a person or extradition country:

  (a)   applies under subsection   21(1) for a review of an order;

  (b)   appeals under subsection   21(3) against an order made on that review; or

  (c)   appeals to the High Court against an order made on that appeal.

Admission of evidence

  (2)   If:

  (a)   a party to the relevant proceedings under section   19 was prevented from adducing evidence (the excluded evidence ) in the proceedings; and

  (b)   the review court considers that the party should have been permitted to adduce the excluded evidence in those proceedings;

the court may receive:

  (c)   the excluded evidence; and

  (d)   further evidence, or submissions, that directly relate to the excluded evidence.

Documents containing deficiencies

  (3)   If:

  (a)   a document is:

  (i)   a document to which the review court must have regard under paragraph   21(6)(d); or

  (ii)   a document that is received by the review court under subsection   ( 2) of this section; and

  (b)   the document contains a deficiency of relevance to the review or appeal; and

  (c)   the court considers the deficiency to be of a minor nature;

the court must adjourn the proceedings for such period as is necessary to allow the deficiency to be remedied.

  (4)   This section does not entitle the person to whom the proceedings relate to adduce, or the court to receive, evidence to contradict an allegation that the person has engaged in conduct constituting an extradition offence for which the surrender of the person is sought.

Definition

  (5)   In this section:

"review court" means the court to which the application or appeal was made.