Document ID: chunk:federal_register_of_legislation:C2021C00367:section:19:p3
Version: federal_register_of_legislation:C2021C00367
Segment Type: section
Provision Reference: s 19 (pt 3/3)
Character Range: 53059–55443

the extradition country or of a Minister, Department of State or Department or officer of the Government, of the extradition country; or
 (ii) where the extradition country is a colony, territory or protectorate—of the person administering the Government of that country or of any person administering a Department of the Government of that country.
 (7A) Subsection (7) has effect in spite of any limitation, condition, exception or qualification under subsection 11(1), (1A) or (3).
 (8) Nothing in subsection (6) prevents the proof of any matter or the admission of any document in the proceedings in accordance with any other law of the Commonwealth or any law of a State or Territory.
 (9) Where, in the proceedings, the magistrate or Judge determines that the person is eligible for surrender to the extradition country in relation to the extradition offence or one or more of the extradition offences, the magistrate or Judge shall:
 (a) order that the person be committed to prison or (subject to subsection (9A)) released on bail, to await:
 (i) surrender under a surrender warrant or temporary surrender warrant; or
 (ii) release, or the discharge of the recognisances on which bail was granted, under an order under subsection 22(5);
 (b) inform the person that he or she may, within 15 days after the day on which the order under paragraph (a) is made, seek a review of the order under subsection 21(1); and
 (c) record in writing the extradition offence or extradition offences in relation to which the magistrate or Judge has determined that the person is eligible for surrender and make a copy of the record available to the person and the Attorney‑General.
 (9A) A magistrate or eligible Judge must not release a person on bail under paragraph (9)(a) unless there are special circumstances justifying such release.
 (9B) An order committing a person to prison under paragraph (9)(a) must be made by warrant in the statutory form.
 (10) Where, in the proceedings, the magistrate or Judge determines that the person is not, in relation to any extradition offence, eligible for surrender to the extradition country seeking surrender, the magistrate or Judge shall:
 (a) order that the person be released; and
 (b) advise the Attorney‑General in writing of the order and of the magistrate's or Judge's reasons for determining that the person is not eligible for surrender.