Document ID: chunk:federal_register_of_legislation:C2021C00367:section:45:p2
Version: federal_register_of_legislation:C2021C00367
Segment Type: section
Provision Reference: s 45 (pt 2/2)
Character Range: 114391–115453

without the Attorney‑General's written consent.
 (4) The Attorney‑General shall only give his or her consent under subsection (3D) in relation to the offence if:
 (a) an extradition country has sought the surrender of the person in respect of an extradition offence, or offences including an extradition offence, constituted by the conduct referred to in paragraph (1)(b); and
 (b) the Attorney‑General has determined under section 15B or 22 that the person is not to be surrendered to the extradition country.

Arresting, charging and remanding person before consent
 (5) Notwithstanding that consent has not been given in relation to proceedings for an offence in accordance with subsection (3D):
 (a) a person may be arrested for the offence, and a warrant for the arrest of a person for the offence may be issued and executed;
 (b) a person may be charged with the offence; and
 (c) a person so charged may be remanded in custody or on bail.

Consent is not a legislative instrument
 (6) A consent given under subsection (3D) is not a legislative instrument.