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

30   At the end of section 25

Add:

(3) If the temporary surrender warrant referred to in paragraph (1)(a) was issued after the Attorney-General determined under subsection 15B(2) that the person was to be surrendered, the Attorney-General may only issue a surrender warrant under subsection (1) if:

(a) the Attorney-General does not have substantial grounds for believing that, if the person were surrendered to the extradition country, the person would be in danger of being subjected to torture; and

(b) the Attorney-General is satisfied that, on surrender to the extradition country, there is no real risk that the death penalty will be carried out upon the person in relation to any offence.