Commonwealth Consolidated Acts

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EXTRADITION ACT 1988 - SECT 44A

Persons permanently surrendered to Australia

  (1)   This section applies if:

  (a)   a person is surrendered by a country to Australia; and

  (b)   before the person is surrendered to Australia, the Attorney - General of Australia gives an undertaking to the country:

  (i)   that life imprisonment will not be imposed on the person; or

  (ii)   specifying the maximum period of imprisonment that may be imposed on the person;

    in the event that the person is found to have committed a particular offence or offences punishable by Australian law.

  (2)   The person must not, under a law of the Commonwealth, a State or Territory, be sentenced to:

  (a)   if subparagraph   ( 1)(b)(i) applies--life imprisonment; or

  (b)   if subparagraph   ( 1)(b)(ii) applies--a period of imprisonment that is more than the period specified in the Attorney - General's undertaking.

  (3)   For an offence that is to be prosecuted in a State or Territory, the Attorney - General of Australia must, before giving an undertaking, consult with the Attorney - General of the State or Territory.

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

  (5)   To avoid doubt, the undertaking mentioned in subsection   ( 1) must not specify a period that is longer than:

  (a)   in the event that the person is found to have committed a particular offence--the maximum period of imprisonment that applies to the offence; or

  (b)   in the event that the person is found to have committed particular offences--the total of each maximum period of imprisonment that applies to each offence.

 


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