ON APPEAL FROM A DECISION OF A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

THE COURT ORDERS THAT:

1.  Order 3 made on 6 March 2007 be set aside.

2.      It be declared that the document dated 30 April 2007 signed by Senator Johnston is not a valid notice under s 16(1) of the Extradition Act 1988 with respect to the offences listed in [55], [57] and [58].

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

ON APPEAL FROM A DECISION OF A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

SUPPLEMENTARY REASONS FOR JUDGMENT

THE COURT:

1                In [78] of our reasons given on 6 March 2008 (see Minister for Home Affairs v Tervonen [2008] FCAFC 24), we set out our understanding of the paragraphs of the Amended Notice that were conceded by the Minister.  This was reflected in [96] and in Order 3.

2                We delayed entry of Order 3 for 72 hours in case our understanding was not correct.

3                We have now been informed by the Minister’s solicitors that [24] to [50] of the Amended Notice were not conceded and that Mr Ash, counsel for the respondent, concurs that the abovementioned paragraphs of our reasons and Order 3 should be amended accordingly.

4                It follows that [78] and [96] of our reasons are amended to delete reference to [24]-[50] of the Amended Notice.  The same amendment will be made to Order 3.

5                     For clarity, our orders will be that we set aside Order 3 made on 6 March 2008 and, in lieu thereof, order that it be declared that the document dated 30 April 2007 signed by Senator Johnston is not a valid notice under s 16(1) of the Extradition Act 1988 with respect to the offences listed in [55], [57] and [58].

Associate:

Dated:              10 March 2008