Document ID: chunk:federal_register_of_legislation:C2021C00367:section:38:p2
Version: federal_register_of_legislation:C2021C00367
Segment Type: section
Provision Reference: s 38 (pt 2/2)
Character Range: 103203–104311

been released on parole or licence, or has been otherwise conditionally released, for the remainder of the sentence.
 (7) 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 1 month 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 (8), order that the person be released from that custody.
 (8) Where the Federal Court is satisfied that the person has not been conveyed out of Australia under the warrant within the period of 1 month or since the person last made an application under subsection (7), 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.