12Extradition arrest warrants

#### 12 Extradition arrest warrants (1) Where: (a) an application is made, in the statutory form, on behalf of an extradition country to a magistrate or eligible Judge for the issue of a warrant for the arrest of a person; and (b) the magistrate or Judge is satisfied, on the basis of information given by affidavit, that the person is an extraditable person in relation to the extradition country; the magistrate or Judge shall issue a warrant, in the statutory form, for the arrest of the person. (2) The magistrate or Judge shall forthwith send to the Attorney‑General a report stating that the magistrate or Judge has issued the warrant, together with a copy of the affidavit. (3) Where: (a) the Attorney‑General has received the report under subsection (2) or has otherwise become aware of the issue of the warrant; (b) the person has not been arrested under the warrant; and (c) either: (i) the Attorney‑General decides not to give a notice under subsection 16(1) in relation to the person; or (ii) the Attorney‑General considers for any other reason that the warrant should be cancelled; the Attorney‑General shall, by notice in writing in the statutory form, direct a magistrate or eligible Judge to cancel the warrant. (4) A notice given under subsection (3) is not a legislative instrument.