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

Schedule 2   Amendments relating to extradition

Part 3   Other amendments

Division 7   Technical amendments relating to notices

Extradition Act 1988

55   After section 16

Insert:

16A Attorney-General may give an amended notice

Scope

(1) This section applies if the Attorney-General has given a notice (the original notice ) under subsection 16(1) in relation to a person.

Attorney-General may give an amended notice

(2) Subject to subsection (4), the Attorney-General may, in his or her discretion, give an amended notice at any time before:

(a) the person has consented in accordance with section 18 to being surrendered to the extradition country concerned in relation to the extradition offence or extradition offences specified in the original notice; or

(b) a magistrate has determined in accordance with section 19 that the person is eligible for surrender in relation to the extradition offence or extradition offences specified in the original notice.

(3) The amended notice must be in writing in the statutory form expressed to be directed to any magistrate.

(4) The Attorney-General must not give an amended notice under subsection (2) that specifies one or more extradition offences that were not specified in the original notice unless the Attorney-General is satisfied that he or she could give a notice under subsection 16(1) in the same form as the amended notice.

(5) For the purposes of this Act, a reference to a notice given under subsection 16(1) includes a reference to an amended notice given under subsection (2) of this section.

(6) An amended notice given under subsection (2) is not a legislative instrument.

Copies of amended notice and documents to be given to the person

(7) As soon as practicable after the person is remanded under section 15, or an amended notice is given under subsection (2) of this section, whichever is the later:

(a) a copy of the amended notice; and

(b) if the amended notice specifies one or more extradition offences that were not specified in the original notice - the copies of the documents referred to in:

(i) paragraph 19(2)(a); and

(ii) if applicable - paragraph 19(2)(b);

to the extent that those documents relate to those extradition offences;

must be given to the person.

Revocation in accordance with the Acts Interpretation Act 1901

(8) This section does not limit the power of the Attorney-General to revoke the original notice in accordance with subsection 33(3) of the Acts Interpretation Act 1901.