Surrender warrant under subsection 34(1)
Form 21 Surrender warrant under subsection 34(1)
(subsection 34(1) and regulation 3)
Commonwealth of Australia
Extradition Act 1988
SURRENDER WARRANT UNDER SUBSECTION 34(1)
To all police officers within the meaning of the Extradition Act 1988
AND to [name of escort] (in this warrant called “the escort”).
WHEREAS:
*(insert name of person) has been remanded after being arrested under an indorsed New Zealand warrant (identify warrant);
*(insert name of person) has been remanded after being arrested under a provisional arrest warrant (identify warrant) and an indorsed New Zealand warrant (identify warrant) has been obtained in relation to *him/*her/; and
a request has been made to me *by/*on behalf of/ *(insert name of person)/*New Zealand/for proceedings to be conducted under section 34 of the Extradition Act 1988;
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 34(1) of that Act, by this warrant, order that the prisoner be surrendered to New Zealand, and for this purpose I:
(c) authorise you, the abovementioned police officers, to take † into custody, to transport *him/*her/in custody, and, if necessary or convenient, to detain *him/*her/in custody, for the purpose of enabling *him/*her/to be placed in the custody of the escort and transported out of Australia; and
authorise you, the escort, to transport † in custody out of Australia to a place in New Zealand for the purpose of surrendering *him/*her/to a person appointed by New Zealand to receive † .
Dated
(Signature and designation of magistrate or eligible Judge issuing warrant)
* Omit if not applicable.
† Insert name of person.
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