Document ID: chunk:federal_register_of_legislation:C2021C00367:section:17:p1
Version: federal_register_of_legislation:C2021C00367
Segment Type: section
Provision Reference: s 17 (pt 1/2)
Character Range: 40880–43611

17  Release from remand
 (1) Where a person is on remand under section 15 and:
 (a) the Attorney‑General decides not to give a notice under subsection 16(1) in relation to the person; or
 (b) the Attorney‑General considers for any other reason that the remand should cease;
the Attorney‑General shall, by notice in writing in the statutory form, direct a magistrate or eligible Judge to order:
 (c) if the person is in custody—the release of the person from custody; or
 (d) if the person has been granted bail—the discharge of the recognizances on which bail was granted.
 (2) Where:
 (a) a person is, under section 15, on remand 45 days (or such greater or lesser number of days as may be applicable, by virtue of subsection 11(2), under the regulations) after the day on which the person was arrested; and
 (b) either:
 (i) the Attorney‑General has not received an extradition request from the extradition country concerned in relation to the person; or
 (ii) the Attorney‑General has received such a request but a notice has not been given under subsection 16(1) in relation to the person within the period of 5 days after the end of the period of days referred to in paragraph (a);
the person must be brought before a magistrate or eligible Judge.
 (2A) The magistrate or Judge must order the release of the person from custody, or the discharge of the recognisances on which bail was granted to the person, unless the magistrate or Judge is satisfied:
 (a) if subparagraph (2)(b)(i) applies:
 (i) that the extradition country concerned has not made an extradition request in relation to the person because of exceptional circumstances; and
 (ii) that the Attorney‑General is likely to receive an extradition request from the extradition country concerned in relation to the person within a particular period that is reasonable in the circumstances; and
 (iii) that, after receiving the extradition request, the Attorney‑General is likely to make a decision to give, or not to give, a notice under subsection 16(1) in relation to the person within a particular period that is reasonable in the circumstances; or
 (b) if subparagraph (2)(b)(ii) applies—that the Attorney‑General is likely to make a decision to give, or not to give, a notice under subsection 16(1) within a particular period that is reasonable in the circumstances.
 (3) Where:
 (a) a magistrate or eligible Judge was satisfied:
 (i) under subparagraph (2A)(a)(ii) that an extradition request was likely to be received in relation to a person within a particular period; or
 (ii) under subparagraph (2A)(a)(iii) or paragraph (2A)(b) that a decision was likely to be made to give, or not to give, a notice under subsection 16(1) in relation to a person within a