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 8   Amendments relating to remand and bail

Extradition Act 1988

84   After section 49A

Insert:

49B Orders for bail to be on terms and conditions court or magistrate thinks fit

A decision under this Act of a court or a magistrate to remand or release a person on bail may be made on such terms and conditions as the court or magistrate thinks fit.

49C Availability of bail during judicial review proceedings relating to certain determinations

(1) This section applies if:

(a) the Attorney-General determines under subsection 15B(2) or 22(2) that a person is to be surrendered to an extradition country in relation to one or more extradition offences; and

(b) the person applies to a court for judicial review of the determination.

(2) The court to which the application is made, or any court hearing an appeal in relation to the determination, may, subject to subsection (3), order the release of the person on bail until the application has been determined or the appeal has been heard (as the case requires).

(3) A court must not release a person on bail under subsection (2) unless there are special circumstances justifying such release.