(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.