Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

EXTRADITION ACT 1988 - SECT 44

Persons temporarily surrendered to Australia

  (1)   Where a person is surrendered by a country to Australia pursuant to an undertaking by the Attorney - General of Australia in relation to:

  (a)   the trial of the person in Australia in respect of a particular offence or offences;

  (b)   the return of the person to the country; and

  (c)   the custody of the person while travelling to and from, and while in, Australia;

the following provisions have effect:

  (d)   the person shall, while travelling to and from, and while in, Australia pursuant to the undertaking, be kept in such custody as the Attorney - General orders in writing;

  (e)   the person shall not be tried in Australia in respect of any offence or offences other than an offence mentioned in paragraph   ( a);

  (f)   the person shall not, under any law of the Commonwealth, a State or a Territory, be subject to any detention that would prevent the person being returned to the country pursuant to the undertaking.

  (2)   Where:

  (a)   a person is held in custody in accordance with an order of the Attorney - General under paragraph   ( 1)(d); and

  (b)   the country that surrendered the person requests the release of the person from custody;

the Attorney - General shall order that the person be released from custody.

  (3)   If the undertaking mentioned in subsection   ( 1) is given in writing, the undertaking is not a legislative instrument.

  (4)   An order made under paragraph   ( 1)(d) is not a legislative instrument.

  (5)   If an order under subsection   ( 2) is made in writing, the order is not a legislative instrument.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback