Document ID: chunk:federal_register_of_legislation:C2021C00367:section:22:p2
Version: federal_register_of_legislation:C2021C00367
Segment Type: section
Provision Reference: s 22 (pt 2/3)
Character Range: 67318–70100

country subject to a limitation, condition, qualification or exception that has the effect that:
 (i) surrender of the person in relation to the offence shall be refused; or
 (ii) surrender of the person in relation to the offence may be refused;
  in certain circumstances—the Attorney‑General is satisfied:
 (iii) where subparagraph (i) applies—that the circumstances do not exist; or
 (iv) where subparagraph (ii) applies—either that the circumstances do not exist or that they do exist but that nevertheless surrender of the person in relation to the offence should not be refused; and
 (f) the Attorney‑General, in his or her discretion, considers that the person should be surrendered in relation to the offence.
 (4) For the purposes of paragraph (3)(d), the extradition country shall be taken to have given a speciality assurance in relation to the eligible person if, by virtue of:
 (a) a provision of the law of the country; or
 (b) a provision of an extradition treaty in relation to the country; or
 (c) an undertaking given by the country to Australia;
the eligible person, after being surrendered to the country, will not, unless the eligible person has left or had the opportunity of leaving the country:
 (d) be detained or tried in the country for any offence that is alleged to have been committed, or was committed, before the eligible person's surrender other than:
 (i) any surrender offence; or
 (ii) any offence (being an offence for which the penalty is the same or is a shorter maximum period of imprisonment or other deprivation of liberty) of which the eligible person could be convicted on proof of the conduct constituting any surrender offence; or
 (iii) any extradition offence in relation to the country (not being an offence for which the country sought the surrender of the eligible person in proceedings under section 19) in respect of which the Attorney‑General consents to the eligible person being so detained or tried; or
 (e) be detained in the country for the purpose of being surrendered to another country for trial or punishment for any offence that is alleged to have been committed, or was committed, before the eligible person's surrender to the first‑mentioned country, other than any offence in respect of which the Attorney‑General consents to the eligible person being so detained and surrendered.
 (5) Where the Attorney‑General determines under subsection (2) that the eligible person is not to be surrendered to the extradition country in relation to any qualifying extradition offence, the Attorney‑General must, by notice in writing:
 (a) if the person has been committed to prison—direct a magistrate or eligible Judge to order the release of the person; or
 (b) if the person has been released on bail—direct a magistrate or