Commonwealth Numbered Regulations Commonwealth Numbered Regulations
1 Schedule (after Form 13)
Insert:
Form 13A -- Surrender warrant under section 23 for person on bail at time of surrender determination
Note: See section 23 and regulation 3.
Commonwealth of Australia
E xtradition A ct 1988
To all police officers within the meaning of the Extradition Act 1988 (the Act )
* AND to a magistrate, eligible Federal Circuit Court Judge (within the meaning of the Act) or court as referred to in paragraph 26(1)(ca) of the Act
AND to the person in whose custody ( insert name of person ) is held
AND to ( insert name of escort officer or describe class or classes of persons who may be escort officers ) (in this warrant called the escort ).
GIVEN THAT:
(a) I have determined, under subsection 22(2) of the Act, that ( insert name of person ) is to be surrendered to ( insert name of country ), an extradition country, in relation to the following qualifying extradition * offence/ * offences:
( specify the relevant offence or offences ); and
(b) ( insert name of person ) has been released on bail on the following recognisances:
( specify recognisances );
I, , Attorney-General of the Commonwealth of Australia, under section 23 of the Act:
(c) authorise any police officer to take ( insert name of person ) into custody to appear before a magistrate, eligible Federal Circuit Court Judge or court as referred to in paragraph 26(1)(ca) of the Act to be dealt with according to law; and
(d) direct you, the abovementioned magistrate, eligible Federal Circuit Court Judge or court to order, under subsection 26(2A) of the Act:
(i) the discharge of the recognisances on which bail was granted to ( insert name of person ); and
(ii) that ( insert name of person ) be committed to prison to await surrender under the warrant; and
(e) require you, the person in whose custody ( insert name of person in custody ) is held, to release * him/ * her into the custody of any police officer; and
(f) authorise any police officer to transport ( insert name of person ) in custody, and if necessary or convenient, to detain * him/ * her in custody, for the purpose of enabling * him/ * her to be placed in the custody of the escort and transported out of Australia; and
(g) authorise the escort to transport ( insert name of person ) in custody out of Australia to a place in ( insert name of country ) for the purpose of surrendering * him/ * her to a person appointed by that country to receive * him/ * her.
* Omit if not applicable.
Dated
Attorney-General
2 Schedule (after Form 22)
Insert:
Form 22A -- Warrant of committal under subsection 35(7)
Note: See subsection 35(7) and regulation 3.
WARRANT OF COMMITTAL UNDER SUBSECTION 35(7)
To all police officers within the meaning of the Extradition Act 1988 (the Act ) in ( insert name of State or Territory )
AND to the person in charge of ( insert name of prison ) in ( insert name of State or Territory )
GIVEN THAT :
* (a) the Federal Court has made an order under paragraph 35(2)(a) of the Act confirming an order made by a * magistrate/ * Federal Circuit Court Judge under paragraph 34(1)(c) of the Act that ( insert name of person ) be surrendered to New Zealand;
* (a) the Federal Court has made an order under subparagraph 35(2)(b) of the Act:
(i) quashing an order made by a * magistrate/ * Federal Circuit Court Judge under subsection 34(2) of the Act; and
(ii) directing a * magistrate/ * Federal Circuit Court Judge to order, by warrant, that ( insert name of person ) be surrendered to New Zealand;
* (a) on appeal to the Full Court of the Federal Court under subsection 35(3) of the Act (from an order of the Federal Court under subsection 35(2) of the Act) the Full Court of the Federal Court has * made/ * confirmed an order that ( insert name of person ) be surrendered to New Zealand;
* (a) on appeal to the High Court under subsection 35(5) of the Act (from an order of the Full Court of the Federal Court made on appeal to that court under subsection 35(3) of the Act) the High Court has * made/ * confirmed an order that ( insert name of person ) be surrendered to New Zealand;
I, ( name and designation of * Judge of the Federal Court/ * Judge of the Full Court of the Federal Court/ * Justice of the High Court ), a * Judge of the Federal Court/ * Judge of the Full Court of the Federal Court/ * Justice of the High Court, under subsection 35(7) of the Act, by this warrant, order that, pending the execution of the surrender warrant, ( insert name of person ) be committed to prison, and for this purpose I:
(b) authorise and request you, police officers in ( insert name of State or Territory ) to take ( insert name of person ) to ( insert name of prison ) in ( insert name of State or Territory ) and deliver * him/ * her to the person in charge of that prison together with this warrant; and
(c) authorise and request you, the person in charge of ( insert name of prison ) in ( insert name of State or Territory ) to receive ( insert name of person ) into your custody and keep * him/ * her safely in that prison pending the execution of the abovementioned surrender warrant ordering that * he/ * she be surrendered to New Zealand.
Dated
( Signature and designation of * Judge of the Federal Court/ * Judge of the Full Court of the Federal Court/ * Justice of the High Court issuing warrant )
* Omit if not applicable .