Document ID: chunk:federal_register_of_legislation:C2004A04007:body:0:p2
Version: federal_register_of_legislation:C2004A04007
Segment Type: other
Provision Reference: 
Character Range: 2588–5361

and providing that that Act applies to a specified extradition country subject to a particular multilateral extradition treaty.

Determination of eligibility for surrender

5. Section 19 of the Principal Act is amended by inserting after subsection (7) the following subsection:

"(7a) Subsection (7) has effect in spite of any limitation, condition, exception or qualification under subsection 11 (1), (1a) or (3).".

Review of magistrate's order

6. Section 21 of the Principal Act is amended by omitting from subparagraph (6) (f) (iv) "order" and substituting "if there are special circumstances justifying such a course, order".

7. After section 33 of the Principal Act the following section is inserted:

Consent to surrender

"33a. (1) Where:

(a) a person is on remand under section 32; and

(b) an indorsed New Zealand warrant has been obtained in relation to the person; and

    (c) a request has been made to a magistrate by or on behalf of the person or New Zealand for proceedings to be conducted under section 34;

the person may inform the magistrate that he or she consents to being surrendered to New Zealand in relation to an offence for which the indorsed warrant has been obtained.

"(2) Unless there is reason to believe that the consent was not given voluntarily, the magistrate must:

(a) advise the person that the effect of so consenting will be that:

       (i) the person will be committed to prison without any proceedings being conducted under section 34; and

       (ii) the person will be surrendered to New Zealand as soon as practicable; and

(b) if, after the person has been so advised, the person again consents to being surrendered:

       (i) by warrant in accordance with subsection 38 (1), order that the person be surrendered to New Zealand as soon as practicable; and

       (ii) by warrant in the statutory form, order that, pending the execution of the warrant referred to in subparagraph (i), the person be committed to prison.".

Review of magistrate's order

8. Section 35 of the Principal Act is amended by omitting from subparagraph (6) (g) (iv) "order" and substituting "if there are special circumstances justifying such a course, order".

Evidence for purposes of surrender of persons to Australia

9. Section 43 of the Principal Act is amended:

  (a) by omitting from subsection (1) "who";

  (b) by omitting from subsection (1) "in Australia".

10. After section 49 of the Principal Act the following section is inserted:

Arrest of person released on bait

"49a. (1) Any police officer may, without warrant, arrest a person who has been released on bail under this Act if the police officer has reasonable grounds for believing that the person has contravened, or is about to contravene, a term or condition of