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

74   After subsection 21(2)

Insert:

(2A) If the Federal Court quashes the order, it must:

(a) in the case of an order under subsection 19(9) - order the release of the person or the discharge of the recognisances on which bail was granted; or

(b) in the case of an order under subsection 19(10) - order that the person be committed to prison or (subject to subsection (2B)) released on bail, to await:

(i) surrender under a surrender warrant or temporary surrender warrant; or

(ii) release, or the discharge of the recognisances on which bail was granted, under an order under subsection 22(5).

(2B) The Federal Court must not release a person on bail under paragraph (2A)(b) unless there are special circumstances justifying such release.

(2C) An order committing a person to prison under paragraph (2A)(b) must be made by warrant in the statutory form.