Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Act 2012 (7 of 2012)

Schedule 2   Amendments relating to extradition

Part 2   Waiver of extradition

Extradition Act 1988

25   At the end of section 17

Add:

(4) Subsection (2) does not apply to a person at any time after the person has informed a magistrate under subsection 15A(3) that the person wishes to waive extradition, unless and until a magistrate decides not to make an order under paragraph 15A(4)(a) in relation to the person.

(5) If:

(a) a person informs a magistrate under subsection 15A(3) that the person wishes to waive extradition; and

(b) a magistrate 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 that the person wishes to waive extradition; and

(d) ending on the day on which the Attorney-General receives the magistrate’s advice under subsection 15A(7) that the magistrate has decided not to make an order under paragraph 15A(4)(a) in relation to the person.