Document ID: chunk:federal_register_of_legislation:C2021C00367:section:26:p2
Version: federal_register_of_legislation:C2021C00367
Segment Type: section
Provision Reference: s 26 (pt 2/2)
Character Range: 79928–81625

of a person:
 (a) who is in custody; or
 (b) to whom bail has been granted;
in respect of an offence that is alleged to have been committed, or of which the person has been convicted, in Australia, the warrant shall not be executed until the person has been released from custody in respect of that offence or any recognizances on which the person has been granted bail in respect of that offence have been discharged, as the case requires.
 (4) For the purposes of subsection (3), a person who is serving a sentence of imprisonment shall be taken not to be in custody if the person has been released on parole or licence, or has been otherwise conditionally released, for the remainder of the sentence.
 (5) Where:
 (a) a surrender warrant or a temporary surrender warrant is issued in relation to a person;
 (b) the person is in custody in Australia under the warrant, or otherwise under this Act, more than 2 months after the day on which the warrant was first liable to be executed;
 (c) the person applies to the Federal Court; and
 (d) reasonable notice of the intention to make the application has been given to the Attorney‑General;
the Federal Court shall, subject to subsection (6), order that the person be released from that custody.
 (6) Where the Federal Court is satisfied that the person has not been conveyed out of Australia under the warrant within the period of 2 months or since the person last made an application under subsection (5), as the case may be:
 (a) because to do so would have been dangerous to the life or prejudicial to the health of the person; or
 (b) for any other reasonable cause;
the Federal Court shall not order that the person be released from custody.