Warrant of committal under subsection 35(7)
Form 22A Warrant of committal under subsection 35(7)
See subsection 35(7) and regulation 3.
Commonwealth of Australia
Extradition Act 1988
WARRANT OF COMMITTAL UNDER SUBSECTION 35(7)
To all police officers within the meaning of the Extradition Act 1988 (the Act) in (insert name of State or Territory)
AND to the person in charge of (insert name of prison) in (insert name of State or Territory)
GIVEN THAT:
*(a) the Federal Court has made an order under paragraph 35(2)(a) of the Act confirming an order made by a *magistrate/*eligible Judge under paragraph 34(1)(c) of the Act that (insert name of person) be surrendered to New Zealand;
*(a) the Federal Court has made an order under subparagraph 35(2)(b) of the Act:
quashing an order made by a *magistrate/*eligible Judge under subsection 34(2) of the Act; and
directing a *magistrate/*eligible Judge to order, by warrant, that (insert name of person) be surrendered to New Zealand;
*(a) on appeal to the Full Court of the Federal Court under subsection 35(3) of the Act (from an order of the Federal Court under subsection 35(2) of the Act) the Full Court of the Federal Court has *made/*confirmed an order that (insert name of person) be surrendered to New Zealand;
*(a) on appeal to the High Court under subsection 35(5) of the Act (from an order of the Full Court of the Federal Court made on appeal to that court under subsection 35(3) of the Act) the High Court has *made/*confirmed an order that (insert name of person) be surrendered to New Zealand;
I, (name and designation of *Judge of the Federal Court/*Judge of the Full Court of the Federal Court/*Justice of the High Court), a *Judge of the Federal Court/*Judge of the Full Court of the Federal Court/*Justice of the High Court, under subsection 35(7) of the Act, by this warrant, order that, pending the execution of the surrender warrant, (insert name of person) be committed to prison, and for this purpose I:
authorise and request you, police officers in (insert name of State or Territory) to take (insert name of person) to (insert name of prison) in (insert name of State or Territory) and deliver *him/*her to the person in charge of that prison together with this warrant; and
authorise and request you, the person in charge of (insert name of prison) in (insert name of State or Territory) to receive (insert name of person) into your custody and keep *him/*her safely in that prison pending the execution of the abovementioned surrender warrant ordering that *he/*she be surrendered to New Zealand.
Dated
(Signature and designation of *Judge of the Federal Court/*Judge of the Full Court of the Federal Court/*Justice of the High Court issuing warrant)
* Omit if not applicable.
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