Document ID: chunk:federal_register_of_legislation:C2004A03232:body:0:p20
Version: federal_register_of_legislation:C2004A03232
Segment Type: other
Provision Reference: 
Character Range: 46982–49717

of, the part of Australia where the person was found, that act or omission would have constituted an offence against the law in force in that part of Australia the maximum penalty for which is death or imprisonment for not less than 12 months.".
After sub-section 4 (1a)—
Insert the following sub-section:
"(1b) The reference in paragraph (1a) (b) to a relevant act or omission by a person is a reference to—
    (a) an act or omission by the person—
       (i) which is, in or in connection with the relevant requisition, alleged to have taken place; or
       (ii) of which evidence is produced in connection with the relevant requisition; or
    (b) any act or omission that is equivalent to an act or omission referred to in paragraph (a).".
Sub-section 4 (8)—
Omit "if a similar act or omission by an Australian citizen that took place outside Australia would be an offence against a law of the Commonwealth".
Sub-section 13 (3)—
Omit the sub-section.
Section 14—
Omit "18 (2) or (2b)", substitute "18a (1) or (3)".
Sub-paragraph 17 (5b) (a) (ii)—
Omit the sub-paragraph, substitute the following sub-paragraph:
    "(ii) the person will be committed to prison and will not be entitled to apply under section 18 for a review of the validity of the decision to commit the person to prison; and".
Sub-section 17 (6)—
Omit all the words after paragraph (b), substitute—
    ", the Magistrate shall either—
       (c) by warrant in accordance with the form prescribed for the purposes of this sub-section, commit the person to prison to await the warrant of the Attorney-General for the surrender of the person; or
       (d) in the case of a person—
           (i) who has been charged with an offence that is alleged to have been committed in Australia, being a charge that has not been disposed of; or
SCHEDULE 1—continued
           (ii) who has been convicted in Australia of an offence and is not in custody in respect of that offence,
       on the person's entering into such recognizances as the Magistrate thinks appropriate, grant bail to the person pending the signing of a warrant by the Attorney-General for the surrender of the person,
    but otherwise the Magistrate shall order that the person be released.".

Sub-section 17 (8)—
After "custody", insert "or grants bail to a person".

Sub-sections 17a (5) and (6)—
Omit the sub-sections, substitute the following sub-section:
"(5) Upon a review of the order, the Court shall have regard only to the material that was before the Magistrate.".

Section 18—
Repeal the section, substitute the following sections:

Application by fugitive for review of Magistrate's decision
"18. (1) Where a person (in this section referred to as a 'fugitive') is committed to prison or