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COMMONWEALTHAct
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s 16

Surrender determination by Attorney‑General

In force
Part 3Surrender of persons to a Tribunal
Division 2Surrender of persons

16 Surrender determination by Attorney‑General

(1)

The Attorney‑General must determine whether a person remanded under Division 1 is to be surrendered to the Tribunal that sought the arrest of the person under that Division.

(2)

Unless the Attorney‑General is satisfied that there are special circumstances, he or she must determine that the person is to be surrendered to the Tribunal.

(3)

In considering whether there are special circumstances, the Attorney‑General must:

(a)

give the person a reasonable opportunity to provide to the Attorney‑General documents intended to show that there are special circumstances; and

(b)

consider any documents so provided.

(4)

The determination must be made as soon as reasonably practicable, having regard to the circumstances, after the person is remanded under Division 1.

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