25Surrender warrants after temporary surrender

#### 25 Surrender warrants after temporary surrender (1) Where: (a) a person is surrendered to an extradition country under a temporary surrender warrant; (b) the person is returned to Australia in pursuance of undertakings referred to in subparagraph 24(1)(d)(ii); and (c) the extradition country still seeks the surrender of the person; subject to subsection (2), the Attorney‑General may, in his or her discretion, issue a warrant for the surrender of the person to the extradition country under this subsection. (2) If the temporary surrender warrant referred to in paragraph (1)(a) was issued after the Attorney‑General determined under subsection 22(2) that the person was to be surrendered, the Attorney‑General shall not issue a surrender warrant under subsection (1) unless: (a) by virtue of: (i) a provision of the law of the extradition country; or (ii) a provision of an extradition treaty in relation to the extradition country; or (iii) an undertaking given by the extradition country to Australia; the person, if surrendered to the extradition country, will not, unless the person has left or had the opportunity of leaving the country: (iv) be detained or tried in that country for any offence that is alleged to have been committed, or was committed, before the person’s surrender under the temporary surrender warrant referred to in paragraph (1)(a), other than any offence to which subparagraph 22(4)(d)(i), (ii) or (iii) applies; or (v) be detained in the country for the purpose of being surrendered to another country for trial or punishment for any offence that is alleged to have been committed, or was committed, before the person’s surrender to the first‑mentioned country under the temporary surrender warrant, other than any offence in respect of which the Attorney‑General consents to the person being so detained and surrendered; and (ba) the Attorney‑General does not have substantial grounds for believing that, if the person were surrendered to the extradition country, the person would be in danger of being subjected to torture; and (b) where any surrender offence in relation to the person is punishable by a penalty of death—if the person is surrendered in respect of that offence, then, by virtue of an undertaking given by the extradition country to Australia, one of the following is applicable: (i) except where there is only one such offence—the person will not be tried for that offence; (ii) if the person is tried for the offence—the death penalty will not be imposed on the person; (iii) if the death penalty is imposed or was imposed while the person was surrendered under the temporary surrender warrant—it will not be carried out. (3) If the temporary surrender warrant referred to in paragraph (1)(a) was issued after the Attorney‑General determined under subsection 15B(2) that the person was to be surrendered, the Attorney‑General may only issue a surrender warrant under subsection (1) if: (a) the Attorney‑General does not have substantial grounds for believing that, if the person were surrendered to the extradition country, the person would be in danger of being subjected to torture; and (b) the Attorney‑General is satisfied that, on surrender to the extradition country, there is no real risk that the death penalty will be carried out upon the person in relation to any offence.