Document ID: chunk:federal_register_of_legislation:C2021C00367:section:17:p2
Version: federal_register_of_legislation:C2021C00367
Segment Type: section
Provision Reference: s 17 (pt 2/2)
Character Range: 43385–45141

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 particular period; and
 (b) the request is not received, or the decision is not made, within the period;
the person shall be brought before a magistrate or eligible Judge who shall order the release of the person from custody, or the discharge of the recognizances on which bail was granted to the person, as the case requires.
 (4) Subsection (2) does not apply to a person at any time after the person has informed a magistrate or eligible Judge under subsection 15A(3) that the person wishes to waive extradition, unless and until a magistrate or eligible Judge decides not to make an order under paragraph 15A(4)(a) in relation to the person.
 (5) If:
 (a) a person informs a magistrate or eligible Judge under subsection 15A(3) that the person wishes to waive extradition; and
 (b) a magistrate or eligible Judge decides not to make an order under paragraph 15A(4)(a) in relation to the person;
then, for the purposes of applying subsection (2) of this section to the person, the period of days referred to in paragraph (2)(a) of this section is to be calculated exclusive of the period:
 (c) beginning on the day on which the person informs the magistrate or Judge that the person wishes to waive extradition; and
 (d) ending on the day on which the Attorney‑General receives the magistrate's or Judge's advice under subsection 15A(7) that the magistrate or Judge has decided not to make an order under paragraph 15A(4)(a) in relation to the person.
 (6) A notice given under subsection (1) is not a legislative instrument.