Document ID: chunk:federal_register_of_legislation:C2021C00367:section:12
Version: federal_register_of_legislation:C2021C00367
Segment Type: section
Provision Reference: s 12
Character Range: 22348–23657

12  Extradition arrest warrants
 (1) Where:
 (a) an application is made, in the statutory form, on behalf of an extradition country to a magistrate or eligible Judge for the issue of a warrant for the arrest of a person; and
 (b) the magistrate or Judge is satisfied, on the basis of information given by affidavit, that the person is an extraditable person in relation to the extradition country;
the magistrate or Judge shall issue a warrant, in the statutory form, for the arrest of the person.
 (2) The magistrate or Judge shall forthwith send to the Attorney‑General a report stating that the magistrate or Judge has issued the warrant, together with a copy of the affidavit.
 (3) Where:
 (a) the Attorney‑General has received the report under subsection (2) or has otherwise become aware of the issue of the warrant;
 (b) the person has not been arrested under the warrant; and
 (c) either:
 (i) the Attorney‑General decides not to give a notice under subsection 16(1) in relation to the person; or
 (ii) the Attorney‑General considers for any other reason that the warrant should be cancelled;
the Attorney‑General shall, by notice in writing in the statutory form, direct a magistrate or eligible Judge to cancel the warrant.
 (4) A notice given under subsection (3) is not a legislative instrument.