(1) For the purposes of this Act, a person is taken to abscond in connection
with an offence if and only if:
- (a)
- an information is laid alleging the
person committed the offence; and
- (b)
- a warrant for the person's arrest is issued in relation to that
information; and
- (c)
- subsection (2) applies to the person and the warrant.
(2) This subsection applies to a person and a warrant if either of the
following occurs:
- (a)
- at the end of the period of 6 months commencing on the
day on which the warrant is issued:
- (i)
- the person cannot be found; or
- (ii)
- the person is, for any other reason, not amenable to justice and, if the
person is outside * Australia, extradition proceedings are not on foot;
- (b)
- at the end of the period of 6 months commencing on the day on which the
warrant is issued:
- (i)
- the person is, because he or she is outside Australia, not amenable to
justice; and
- (ii)
- extradition proceedings are on foot;
and subsequently those proceedings terminate without an order for the person's
extradition being made.
(3) Extradition proceedings taking place in a jurisdiction in relation to a
person are not taken, for the purposes of subsection (2), to be on foot
unless the person is in custody, or is on bail, in that jurisdiction.