8Modification of Act—additional documents that must be produced for eligibility for surrender

8 Modification of Act—additional documents that must be produced for eligibility for surrender

(1) For the purposes of section 11 of the Act, the Act applies in relation to a Commonwealth country subject to the condition that the following additional documents must be produced to a magistrate or eligible Judge in order for a person to be eligible for surrender in relation to an extradition offence under section 19 of the Act (as referred to in paragraph 19(2)(b) of the Act): (a) a statement of the person’s identity, nationality and physical description and, to the extent possible, the person’s whereabouts; (b) if the offence is an extradition offence of which the person is accused—the documents mentioned in subregulation (2). (2) For the purposes of paragraph (1)(b), the documents are the following: (a) a recital of the evidence (whether or not admissible in evidence under the law of Australia) acquired to support the application for the surrender of the person to the Commonwealth country in relation to the offence; (b) a duly authenticated statement in writing of an officer of an investigating authority of the Commonwealth country stating that: (i) the recital of evidence was prepared by or under the direction of that officer; and (ii) the evidence mentioned in the recital in relation to the offence is available to be produced at the trial of that person; (c) a certificate of an official of the Commonwealth country referred to subregulation (3) that, in the official’s opinion, the recital of evidence discloses the existence of evidence under the law of the country that justifies prosecution of the person for the offence. (3) For the purposes of paragraph (2)(c), the following officials of a Commonwealth country may issue the certificate: (a) a Minister of the government of the country; (b) a judicial or prosecuting authority of the country; (c) if the Commonwealth country is a colony, territory or protectorate—a person administering the government of the country or any person administering a Department of the government of the country.