Document ID: chunk:federal_register_of_legislation:C2021C00367:section:15a:p2
Version: federal_register_of_legislation:C2021C00367
Segment Type: section
Provision Reference: s 15A (pt 2/3)
Character Range: 33271–35972

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 or Judge:
 (a) must be satisfied that the person voluntarily informed a magistrate or eligible Judge under subsection (3); and
 (b) must inform the person:
 (i) that, once the order is made, the person cannot apply for the order to be revoked; and
 (ii) of the consequences of the fact that the extradition country concerned may not have given, and if the order is made will not be required to give, a speciality assurance (of a kind mentioned in subsection 22(4)) in relation to the person; and
 (iii) that certain requirements in this Act that would otherwise apply in respect of the person will not apply if the order is made (including, but not limited to, requirements relating to extradition objections); and
 (iv) that, after the order is made, the person will be surrendered to the extradition country concerned if the Attorney‑General determines under subsection 15B(2) that the person is to be so surrendered; and
 (c)  having informed the person as mentioned in paragraph (b)—must be satisfied that the person has confirmed that he or she wishes to waive extradition as mentioned in subsection (3); and
 (d) must be satisfied that the person is legally represented, or was given an adequate opportunity to be legally represented, in the proceedings before the magistrate or Judge.

Rules that apply until magistrate or Judge decides not to make an order
 (6) After a person informs a magistrate or eligible Judge under subsection (3) that the person wishes to waive extradition in relation to an extradition offence or extradition offences, the following rules apply unless and until a magistrate or eligible Judge decides not to make an order under paragraph (4)(a) in relation to the person:
 (a) if a decision as to whether or not to give a notice under subsection 16(1) had not, as at the waiver time, been made in relation to the person in relation to the extradition offence or extradition offences—the Attorney‑General must not decide whether or not to give such a notice;
 (b) if, before the waiver time, a notice under subsection 16(1) had been given in relation to the person in relation to the extradition offence or extradition offences:
 (i) sections 18 and 19 do not apply to the person in relation to the extradition offence or extradition offences; and
 (ii) any proceedings that were on foot as at the waiver time under section 18 or 19 in relation to the person in relation to the extradition offence or extradition offences are stayed.

Magistrate or Judge must advise Attorney‑General if