Document ID: chunk:federal_register_of_legislation:C2012A00007:clause:2_15a:p1
Version: federal_register_of_legislation:C2012A00007
Segment Type: clause
Provision Reference: sch 2 cl 15A (pt 1/3)
Character Range: 20417–23126

15A  Waiver of extradition

Application of section—before decision has been made as to whether or not to give section 16 notice
 (1) This section applies to a person who is on remand under section 15 at a particular time (the waiver time) if, as at the waiver time, the Attorney‑General has not yet made a decision as to whether or not to give a notice in relation to the person under subsection 16(1) in relation to one or more extradition offences.

Application of section—after section 16 notice given
 (2) This section also applies to a person who is on remand under section 15 at a particular time (the waiver time) if:
 (a) before the waiver time, the Attorney‑General gave a notice in relation to the person under subsection 16(1) in relation to one or more extradition offences; and
 (b) as at the waiver time, a magistrate has not done either of the following:
 (i) advised the Attorney‑General under subparagraph 18(2)(b)(ii) that the person has consented to be surrendered in relation to the extradition offence or all of the extradition offences;
 (ii) determined under subsection 19(1) that the person is eligible for surrender in relation to any of the extradition offences.

Person may inform a magistrate that he or she wishes to waive extradition
 (3) The person may inform a magistrate that he or she wishes to waive extradition in relation to:
 (a) if an extradition request has not been made for the surrender of the person—the extradition offence or all of the extradition offences specified in the extradition arrest warrant to which the remand relates; or
 (b) if an extradition request has been made for the surrender of the person—the extradition offence or all of the extradition offences for which surrender of the person is sought.

Magistrate must make order etc. if satisfied of matters
 (4) If a magistrate is satisfied of the matters in subsections (5)(a), (c) and (d) in relation to the person, and has informed the person as mentioned in paragraph (5)(b), the magistrate must:
 (a) by warrant in the statutory form, order that the person be committed to prison pending a determination by the Attorney‑General under subsection 15B(2) that the person be surrendered, or not be surrendered, in relation to the extradition offence or extradition offences mentioned in paragraph (3)(a) or (b), as the case may be; and
 (b) advise the Attorney‑General in writing that the person wishes to waive extradition for those offences.
 (5) Before making an order under paragraph (4)(a) in relation to a person, the magistrate:
 (a) must be satisfied that the person voluntarily informed a magistrate under subsection (3); and
 (b) must inform the person:
 (i) that, once the order is made,