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COMMONWEALTHAct
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s 12

Remand

In force
Part 3Surrender of persons to a Tribunal
Division 1Arrest of persons

12 Remand

(1)

A person who is arrested under a warrant must, as soon as practicable:

(a)

be given a written notice that:

(i)

specifies the Tribunal offence in respect of which the warrant was issued; and

(ii)

describes the conduct that is alleged to constitute that offence; and

(b)

be brought before a magistrate in the State or Territory in which the person is arrested.

(2)

If a magistrate is satisfied that the person:

(a)

is the person specified in the warrant; and

(b)

is also the person specified in the arrest warrant that was issued by the Tribunal;

the magistrate must remand the person in custody or on bail for such period or periods as may be necessary to enable the Attorney‑General to make a surrender determination and (if appropriate) to enable a magistrate to remand the person under section 20.

(3)

The magistrate must remand the person in custody unless there are special circumstances justifying remand on bail.

(4)

If a person is remanded in custody after the person has made an application for bail, the person cannot, during that remand, make another application for bail unless there is evidence of a change of circumstances that might justify bail being granted.

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