Document ID: chunk:federal_register_of_legislation:C2021C00367:section:22:p1
Version: federal_register_of_legislation:C2021C00367
Segment Type: section
Provision Reference: s 22 (pt 1/3)
Character Range: 64763–67555

22  Surrender determination by Attorney‑General
 (1) In this section:
eligible person means a person who has been committed to prison or released on bail:
 (a) by order of a magistrate or eligible Judge made under section 18; or
 (b) by order made under subsection 19(9) or 21(2A) (including because of an appeal referred to in section 21), where no proceedings under section 21 are being conducted or are available in relation to the determination under subsection 19(9) to which the order relates.
qualifying extradition offence, in relation to an eligible person, means the following:
 (a) if paragraph (a) of the definition of eligible person applies—any extradition offence in relation to which the person consented in accordance with section 18;
 (b) if paragraph (b) of the definition of eligible person applies—any extradition offence in relation to which:
 (i) the magistrate or Judge who made the order under subsection 19(9); or
 (ii) the court that conducted the final proceedings under section 21;
  determined that the person was eligible for surrender within the meaning of subsection 19(2);
 (c) in any case—any extradition offence in relation to which the person has consented in accordance with section 19A.
 (2) The Attorney‑General shall, as soon as is reasonably practicable, having regard to the circumstances, after a person becomes an eligible person, determine whether the person is to be surrendered in relation to a qualifying extradition offence or qualifying extradition offences.
 (3) For the purposes of subsection (2), the eligible person is only to be surrendered in relation to a qualifying extradition offence if:
 (a) the Attorney‑General is satisfied that there is no extradition objection in relation to the offence; and
 (b) the Attorney‑General does not have substantial grounds for believing that, if the person were surrendered to the extradition country, the person would be in danger of being subjected to torture; and
 (c) where the offence is punishable by a penalty of death—by virtue of an undertaking given by the extradition country to Australia, one of the following is applicable:
 (i) the person will not be tried for the offence;
 (ii) if the person is tried for the offence, the death penalty will not be imposed on the person;
 (iii) if the death penalty is imposed on the person, it will not be carried out; and
 (d) the extradition country concerned has given a speciality assurance in relation to the person; and
 (e) where, because of section 11, this Act applies in relation to the extradition country subject to a limitation, condition, qualification or exception that has the effect that:
 (i) surrender of the person in relation to the offence shall be refused; or
 (ii) surrender of the person in relation to the offence may be