43Evidence for purposes of surrender of persons to Australia

#### 43 Evidence for purposes of surrender of persons to Australia (1) Where the Attorney‑General suspects that a person is an extraditable person in relation to Australia (whether or not the Attorney‑General knows or suspects the person to be in a particular country or has made a request under section 40 or otherwise in relation to the person), the Attorney‑General may, by notice in writing in the statutory form expressed to be directed to any magistrate or eligible Judge, authorise the taking of evidence for use in any proceedings for the surrender of the person to Australia. (2) Where the Attorney‑General authorises the taking of evidence under subsection (1), a magistrate or eligible Judge may take the evidence on oath or affirmation of each witness appearing before the magistrate or Judge to give evidence in relation to the matter and the magistrate or Judge shall: (a) cause the evidence to be reduced to writing and attach a certificate, in the statutory form, in relation to the taking of the evidence; and (b) cause the writing and the certificate to be sent to the Attorney‑General. (3) At a proceeding in relation to a person before a magistrate or eligible Judge under this section, a legal or other representative of the person is not entitled to appear. (4) A notice given under subsection (1) is not a legislative instrument.