21Review of magistrate’s or Judge’s order

#### 21 Review of magistrate’s or Judge’s order (1) Where a magistrate or eligible Judge makes an order under subsection 19(9) or (10) in relation to a person whose surrender is sought by an extradition country: (a) in the case of an order under subsection 19(9)—the person; or (b) in the case of an order under subsection 19(10)—the extradition country; may, within 15 days after the day on which the magistrate or Judge makes the order, apply to the Federal Court for a review of the order. (2) The Federal Court may, by order: (a) confirm the order of the magistrate or Judge; or (b) quash the order. (2A) If the Federal Court quashes the order, it must: (a) in the case of an order under subsection 19(9)—order the release of the person or the discharge of the recognisances on which bail was granted; or (b) in the case of an order under subsection 19(10)—order that the person be committed to prison or (subject to subsection (2B)) released on bail, to await: (i) surrender under a surrender warrant or temporary surrender warrant; or (ii) release, or the discharge of the recognisances on which bail was granted, under an order under subsection 22(5). (2B) The Federal Court must not release a person on bail under paragraph (2A)(b) unless there are special circumstances justifying such release. (2C) An order committing a person to prison under paragraph (2A)(b) must be made by warrant in the statutory form. (3) The person or the extradition country, whether or not the person or country was the applicant for review under subsection (1), may appeal to the Full Court of the Federal Court from the order of the Federal Court. (4) The person or the extradition country is not entitled to appeal to the Full Court more than 15 days after the day on which the order of the Federal Court is made. (5) The High Court shall not grant special leave to appeal against the order of the Full Court made on the appeal referred to in subsection (3) if the application for special leave is made more than 15 days after the day on which the order of the Full Court is made. (6) Where the person or the extradition country: (a) applies under subsection (1) for a review of an order; or (b) appeals under subsection (3) against an order made on that review; or (c) appeals to the High Court against an order made on that appeal; the following provisions have effect: (d) subject to section 21A, the court to which the application or appeal is made shall have regard only to the material that was before the magistrate or Judge; (e) if an order for the release of the person (whether or not on bail) has been made under subsection 19(9) or (10), or subsection (2A) of this section—the court to which the application or appeal is made may order both: (i) if the person was released on bail—the discharge of the recognisances on which bail was granted; and (ii) the arrest of the person; (f) if: (i) if an order for the release of the person has not been made; or (ii) the person has been arrested under an order made under paragraph (e); the court to which the application or appeal is made may: (iii) order that the person be kept in such custody as the court directs; or (iv) if there are special circumstances justifying such a course, order the release on bail of the person; until the review has been conducted or the appeal has been heard; (g) if the court to which the application or appeal is made determines that the person is eligible for surrender, within the meaning of subsection 19(2), in relation to an extradition offence or extradition offences—the court shall include in its judgment on the review or appeal a statement to that effect specifying the offence or offences.