Document ID: chunk:federal_register_of_legislation:C2021C00367:section:11:p2
Version: federal_register_of_legislation:C2021C00367
Segment Type: section
Provision Reference: s 11 (pt 2/2)
Character Range: 20004–22344

applies in relation to an extradition country subject to a limitation, condition, qualification or exception that, but for this subsection, would have the effect that a person is not eligible for surrender to the extradition country in relation to an extradition offence for the purposes of subsection 19(2) unless the sufficient evidence test is satisfied, then, that limitation, condition, qualification or exception shall be taken instead to have the effect that the person is not eligible for surrender to that country in relation to that offence for the purposes of subsection 19(2) unless the  prima facie evidence test is satisfied.
 (5) For the purposes of subsection (4):
 (a) a reference to the sufficient evidence test being satisfied is a reference to the provision of evidence that, if the conduct of the person constituting the extradition offence referred to in that subsection had taken place in a part of Australia, would be sufficient to:
 (i) justify trial of the person in relation to an offence against a law in force in the part of Australia;
 (ii) justify committal of the person for trial in relation to such an offence; or
 (iii) establish a prima facie case that the person committed such an offence; and
 (b) a reference to the prima facie evidence test being satisfied is a reference to the provision of evidence that, if the conduct of the person constituting the extradition offence referred to in that subsection had taken place in the part of Australia referred to in paragraph (a) of this subsection, would, if uncontroverted, provide sufficient grounds to put the person on trial, or sufficient grounds for inquiry by a court, in relation to the offence.
 (6) For the purpose of determining under subsection 19(1) whether a person is eligible for surrender in relation to an extradition offence for which surrender of the person is sought by an extradition country, no limitation, condition, qualification or exception otherwise applicable under this section (not including a limitation, condition, qualification or exception having the effect referred to in subsection (4)) has the effect of requiring or permitting a magistrate or eligible Judge to be satisfied of any matter other than a matter set out in paragraph 19(2)(a), (b), (c) or (d).

Part II—Extradition from Australia to Extradition Countries