Extradition Act 2003 Explanatory Notes

Section 202: Receivable documents

577.This section provides that documentation may be received in evidence, under proceedings in Part 1 and Part 2 cases, when certain conditions are met.

578.A Part 1 warrant is receivable (subsection (1)). Any other documentation issued in a category 1 territory or a category 2 territory is receivable if it is duly authenticated (subsections (2) and (3)).

579.Subsection (4) provides that a document is duly authenticated only if:

  • it purports to be signed by a judge, magistrate or other judicial authority of the relevant territory; or

  • it purports to be authenticated by the oath or affirmation of a witness.

580.However, a document that is not duly authenticated is not prevented from being received in proceedings under this Act (subsection (5)).

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