Document ID: chunk:federal_register_of_legislation:C2021C00367:section:19:p1
Version: federal_register_of_legislation:C2021C00367
Segment Type: section
Provision Reference: s 19 (pt 1/3)
Character Range: 48033–50802

19  Determination of eligibility for surrender
 (1) Where:
 (a) a person is on remand under section 15;
 (b) the Attorney‑General has given a notice under subsection 16(1) in relation to the person;
 (c) an application is made to a magistrate or eligible Judge by or on behalf of the person or the extradition country concerned for proceedings to be conducted in relation to the person under this section; and
 (d) the magistrate or Judge considers that the person and the extradition country have had reasonable time in which to prepare for the conduct of such proceedings;
the magistrate or Judge shall conduct proceedings to determine whether the person is eligible for surrender in relation to the extradition offence or extradition offences for which surrender of the person is sought by the extradition country.
 (2) For the purposes of subsection (1), the person is only eligible for surrender in relation to an extradition offence for which surrender of the person is sought by the extradition country if:
 (a) the supporting documents in relation to the offence have been produced to the magistrate or Judge;
 (b) where this Act applies in relation to the extradition country subject to any limitations, conditions, exceptions or qualifications that require the production to the magistrate or Judge of any other documents—those documents have been produced to the magistrate or Judge;
 (c) the magistrate or Judge is satisfied that, if the conduct of the person constituting the offence in relation to the extradition country, or equivalent conduct, had taken place in the part of Australia where the proceedings are being conducted and at the time at which the extradition request in relation to the person was received, that conduct or that equivalent conduct would have constituted an extradition offence in relation to that part of Australia; and
 (d) the person does not satisfy the magistrate or Judge that there are substantial grounds for believing that there is an extradition objection in relation to the offence.
 (3) In paragraph (2)(a), supporting documents, in relation to an extradition offence, means:
 (a) if the offence is an offence of which the person is accused—a duly authenticated warrant issued by the extradition country for the arrest of the person for the offence, or a duly authenticated copy of such a warrant;
 (b) if the offence is an offence of which the person has been convicted—such duly authenticated documents as provide evidence of:
 (i) the conviction;
 (ii) the sentence imposed or the intention to impose a sentence; and
 (iii) the extent to which a sentence imposed has not been carried out; and
 (c) in any case:
 (i) a duly authenticated statement in writing setting out a description of, and the penalty applicable