Commonwealth Consolidated Acts

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EXTRADITION ACT 1988 - SECT 49C

Availability of bail during judicial review proceedings relating to certain determinations

  (1)   This section applies if:

  (a)   the Attorney - General determines under subsection   15B(2) or 22(2) that a person is to be surrendered to an extradition country in relation to one or more extradition offences; and

  (b)   the person applies to a court for judicial review of the determination.

  (2)   The court to which the application is made, or any court hearing an appeal in relation to the determination, may, subject to subsection   ( 3), order the release of the person on bail until the application has been determined or the appeal has been heard (as the case requires).

  (3)   A court must not release a person on bail under subsection   ( 2) unless there are special circumstances justifying such release.


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