Document ID: chunk:federal_register_of_legislation:C2021C00367:section:44a
Version: federal_register_of_legislation:C2021C00367
Segment Type: section
Provision Reference: s 44A
Character Range: 110117–111725

44A  Persons permanently surrendered to Australia
 (1) This section applies if:
 (a) a person is surrendered by a country to Australia; and
 (b) before the person is surrendered to Australia, the Attorney‑General of Australia gives an undertaking to the country:
 (i) that life imprisonment will not be imposed on the person; or
 (ii) specifying the maximum period of imprisonment that may be imposed on the person;
  in the event that the person is found to have committed a particular offence or offences punishable by Australian law.
 (2) The person must not, under a law of the Commonwealth, a State or Territory, be sentenced to:
 (a) if subparagraph (1)(b)(i) applies—life imprisonment; or
 (b) if subparagraph (1)(b)(ii) applies—a period of imprisonment that is more than the period specified in the Attorney‑General's undertaking.
 (3) For an offence that is to be prosecuted in a State or Territory, the Attorney‑General of Australia must, before giving an undertaking, consult with the Attorney‑General of the State or Territory.
 (4) If the undertaking mentioned in subsection (1) is given in writing, the undertaking is not a legislative instrument.
 (5) To avoid doubt, the undertaking mentioned in subsection (1) must not specify a period that is longer than:
 (a) in the event that the person is found to have committed a particular offence—the maximum period of imprisonment that applies to the offence; or
 (b) in the event that the person is found to have committed particular offences—the total of each maximum period of imprisonment that applies to each offence.

Part V—Miscellaneous