Document ID: chunk:federal_register_of_legislation:C2004A03232:body:0:p21
Version: federal_register_of_legislation:C2004A03232
Segment Type: other
Provision Reference: 
Character Range: 49459–52092

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 otherwise ordered to be held in custody, or is granted bail, by a Magistrate pursuant to section 17, the fugitive may, within the period of 15 days after the date of the decision of the Magistrate, apply to the Federal Court, or to the Supreme Court of the State or Territory in which the Magistrate was sitting, for a review of the validity of the decision of the Magistrate.
"(2) The fugitive is not entitled to make an application under sub-section (1) after the expiration of the period referred to in that sub-section.
"(3) Upon a review under sub-section (1), the Court shall have regard only to the material that was before the Magistrate and shall—
    (a) if satisfied that the decision of the Magistrate was valid—make an order confirming the decision; or
    (b) if not so satisfied—order that the fugitive be released.
"(4) An appeal lies to the Full Court of the Federal Court from an order made on an application by the fugitive under sub-section (1) if the appeal is instituted within 15 days after the date of the decision of the Federal Court or the Supreme Court in relation to the application.
"(5) In an appeal under sub-section (4), the Full Court shall have regard only to the material to which regard could be had by the Court that made the order from which the appeal was instituted.
"(6) Except as provided by sub-section (4), an appeal does not lie from an order referred to in that sub-section.
"(7) A Magistrate shall, when committing a fugitive to prison or otherwise ordering that a fugitive be held in custody, or when granting bail to a fugitive, pursuant to section 17, inform the fugitive that the fugitive will not be surrendered until after the expiration of the period referred to in sub-section (1) and that the fugitive may make an application to a Court as provided by that sub-section.
"(8) This section does not apply in relation to a person committed to prison under paragraph 17 (5b) (b).

SCHEDULE 1—continued

Surrender of fugitive
"18a. (1) Where the period applicable under sub-section 18 (1) in relation to a person (in this section referred to as a 'fugitive') has expired and—
    (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