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

60   After section 46

Insert:

46A Giving notices to magistrates etc.

Scope

(1) This section applies if:

(a) the Attorney-General decides to give a notice under subsection 16(1), 16A(2) or 43(1) directed to a magistrate; or

(b) the Attorney-General is required to give a notice under subsection 12(3), 15B(4) or 17(1) directing a magistrate.

Giving the notice to a magistrate

(2) The notice, or a copy of the notice, may be handed to a magistrate or sent to a magistrate by post, fax, email or other electronic means.

When the notice is taken to be given

(3) The notice is taken, for the purposes of this Act, to be given:

(a) if the notice, or a copy of the notice, is handed to a magistrate - when the notice or copy is handed to the magistrate; or

(b) if the notice, or a copy of the notice, is sent to a magistrate by post - at the time at which the notice or copy would be delivered in the ordinary course of post; or

(c) if the notice, or a copy of the notice, is sent to a magistrate by fax, email or other electronic means - at the time when the notice or copy is sent to the magistrate.