Warrant under subsection 19(9) ordering committal to prison to await surrender
Form 12 Warrant under subsection 19(9) ordering committal to prison to await surrender
(subsection 19(9) and regulation 3)
Commonwealth of Australia
Extradition Act 1988
WARRANT UNDER SUBSECTION 19(9) ORDERING COMMITTAL TO PRISON TO AWAIT SURRENDER
To all police officers within the meaning of the Extradition Act 1988
AND to the person in charge of (insert name of prison) in (insert name of State or Territory).
WHEREAS:
proceedings have been conducted pursuant to subsection 19(1) of the Extradition Act 1988 to determine whether (insert name of person) is eligible for surrender in relation to the extradition offence/*s of (specify offence or offences) for which the surrender of † is sought by (insert name of country), an extradition country;
the supporting documents in relation to *that offence/* those offences/, within the meaning of subsection 19(3) of that Act, have been produced to me;
* (ba) other documents have been produced to me as required by limitations, conditions, exceptions or qualifications subject to which that Act applies in relation to ‡ ;
I am satisfied that, if the *conduct/*conduct equivalent to the conduct/of † constituting the offence in relation to ‡ had taken place in (specify), being the part of Australia where the proceedings are being conducted and at the time at which the extradition request in relation to † was received, that *conduct/*equivalent conduct/would have constituted an extradition offence in relation to that part of Australia;
† does not satisfy me that there are substantial grounds for believing that there is an extradition objection in relation to the following offence/*s for which *his/*her/surrender is sought:
(specify offence or offences);
having determined that † is eligible for surrender to ‡ in relation to the extradition offence/*s of (insert description of offence or offences);
NOW THEREFORE I, (name and designation of magistrate or eligible Judge), a magistrate or eligible Judge within the meaning of the Extradition Act 1988, under subsection 19(9) of that Act, hereby order you to commit † to (insert name of prison) to await, in relation to *that offence/*those offences/, surrender under a surrender warrant or temporary surrender warrant or release pursuant to an order under subsection 22(5) of that Act.
Dated
(Signature and designation of magistrate or eligible Judge issuing warrant)
* Omit if not applicable.
† Insert name of person.
‡ Insert name of extradition country.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.