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

65   After subsection 17(2)

Insert:

(2A) The magistrate must order the release of the person from custody, or the discharge of the recognisances on which bail was granted to the person, unless the magistrate is satisfied:

(a) if subparagraph (2)(b)(i) applies:

(i) that the extradition country concerned has not made an extradition request in relation to the person because of exceptional circumstances; and

(ii) that the Attorney-General is likely to receive an extradition request from the extradition country concerned in relation to the person within a particular period that is reasonable in the circumstances; and

(iii) that, after receiving the extradition request, the Attorney-General is likely to make a decision to give, or not to give, a notice under subsection 16(1) in relation to the person within a particular period that is reasonable in the circumstances; or

(b) if subparagraph (2)(b)(ii) applies - that the Attorney-General is likely to make a decision to give, or not to give, a notice under subsection 16(1) within a particular period that is reasonable in the circumstances.