Document ID: chunk:federal_register_of_legislation:C2004A03232:body:0:p19
Version: federal_register_of_legislation:C2004A03232
Segment Type: other
Provision Reference: 
Character Range: 44553–47204

or to a State or Territory, the person may be apprehended in the same manner as a person accused of an offence against the law in force in that State or Territory may be apprehended after an escape from lawful custody.
"(9) Any article, including a sum of money, that may be material as evidence in proving the offence to which the requisition for the surrender of a fugitive or volunteer prisoner relates or that has been acquired by him or her as a result of the offence shall, if the Attorney-General so directs, be delivered up to the declared Commonwealth country that made the requisition.
"(10) If a fugitive or volunteer prisoner cannot be surrended by reason of his or her having died or escaped from custody, any article referred to in sub-section (9) shall, if the Attorney-General so directs, be delivered up to the declared Commonwealth country.
"(11) If, at any time after a fugitive or volunteer prisoner has been committed to prison or otherwise ordered to be held in custody, or has been released on bail, under this Part pending the signing of a warrant by the Attorney-General for the surrender of the fugitive or volunteer prisoner to a declared Commonwealth country, the Attorney-General decides not to sign such a warrant, the Attorney-General shall, by order in writing, direct that the fugitive or volunteer prisoner be released or that the recognizances upon which the fugitive or volunteer prisoner was admitted to bail be discharged, as the case may be, but any such order does not affect any order made in respect of, or recognizances entered into by, the fugitive or volunteer prisoner otherwise than pursuant to this Act.".

Paragraph 18 (b)—
Omit "a writ of habeas corpus", substitute "a review of the validity of the decision to commit the person to prison or otherwise hold the person in custody".

SCHEDULE 1—continued
Section 18—
Add at the end the following sub-section:
"(2) A Court shall not order the release of a person under sub-section (1) if the Attorney-General is precluded by sub-section 17a (4) or (5) from making an order in respect of the person under sub-section 17 (1) or (3).".
Section 32—
After "17,", insert "17a,".

Extradition (Foreign States) Act 1966
Paragraph 4 (1a) (b)—
Omit the paragraph, substitute the following paragraph:
    "(b) had a relevant act or omission by the person taken place, at the time when the requisition was made, in, or within the jurisdiction of, the part of Australia where the person was found, that act or omission would have constituted an offence against the law in force in that part of Australia the maximum penalty for which is death or imprisonment for not