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Schedule 3—Amendment of the Extradition Act 1988

Schedule 3 Amendment of the Extradition Act 1988

   

Extradition Act 1988

1  After subsection 26(2)

Insert:

          (2A)  If a person is brought before a magistrate, eligible Federal Circuit Court Judge or court as referred to in paragraph (1)(ca), the magistrate, Judge or court must order:

                     (a)  the discharge of the recognisances on which bail was granted; and

                     (b)  that the person be committed to prison to await surrender under the warrant.

2  At the end of section 35

Add:

             (7)  If:

                     (a)  the Federal Court makes an order under subsection (2) that the person be surrendered to New Zealand or confirming an order under paragraph 34(1)(c); or

                     (b)  on appeal, the Full Court or the High Court makes an order that the person be surrendered to New Zealand or confirming such an order;

the Federal Court, the Full Court or the High Court (as the case may be) must order that the person be committed to prison pending the execution of the surrender warrant.

3  Application of amendments

             (1)  The amendment of section 26 of the Extradition Act 1988 made by this Schedule applies in relation to surrender warrants issued after the commencement of this item.

             (2)  The amendment of section 35 of the Extradition Act 1988 made by this Schedule applies in relation to an order referred to in paragraph 35(7)(a) or (b) made after the commencement of this item.