Document ID: chunk:federal_register_of_legislation:C2004A03232:body:0:p22
Version: federal_register_of_legislation:C2004A03232
Segment Type: other
Provision Reference: 
Character Range: 51850–54461

(a) the fugitive did not make an application under that sub-section within that period; or
    (b) the fugitive made an application under that sub-section within that period and the Court to which the application was made, or, where an appeal was brought from the decision of that Court to the Full Court of the Federal Court, the Full Court, has refused to order that the fugitive be released, and the period of 15 days after the date of the decision of the first-mentioned Court or the Full Court of the Federal Court, as the case may be, has expired,
the Attorney-General may—
    (c) if satisfied that the fugitive is liable to be surrendered to the foreign state that made the requisition for the surrender of the fugitive; and
    (d) unless of the opinion that—
       (i) the offence to which the requisition for the surrender relates is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character; or
       (ii) the requisition for the surrender has in fact been made with a view to try or punish the fugitive for an offence of a political character,
by warrant in accordance with the appropriate form prescribed for the purposes of this sub-section, order that a person specified in the warrant take the fugitive into custody and convey the fugitive to a place in that foreign state or within the jurisdiction of, or of a part of, that foreign state and there surrender the fugitive to a person appointed by that foreign state to receive the fugitive.
"(2) Sub-section (1) does not apply in relation to a person committed to prison under paragraph 17 (5b) (b).
"(3) Where a Magistrate—
    (a) pursuant to paragraph 17 (5b) (b), commits a person (in this section referred to as a 'volunteer prisoner') to prison; or
    (b) pursuant to sub-section 17 (7), orders that a person (in this section also referred to as a 'volunteer prisoner') who could be committed to prison under paragraph 17 (5b) (b) be held in custody,
to await the warrant of the Attorney-General for the surrender of the volunteer prisoner to a foreign state, the Attorney-General may—
    (c) if satisfied that the volunteer prisoner is liable to be surrendered to the foreign state; and
    (d) unless of the opinion that—
       (i) the offence to which the requisition for the surrender relates is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character; or
       (ii) the requisition for the surrender has in fact been made with a view to try or punish the volunteer