—(1) When, under this Part, a Magistrate commits a person (referred to in this section as the prisoner) to prison, or otherwise orders that he be held in custody, to await the warrant of the Minister for his surrender to a declared Commonwealth country, the Magistrate shall inform the prisoner that he will not be surrendered until after the expiration of the period of 15 days from the date of the committal or order and that, if he asserts that his detention is unlawful, he may apply to a court of competent jurisdiction for a writ of habeas corpus.
(2) After —
the expiration of the period referred to in subsection (1); or
if, within that period, an application for a writ of habeas corpus is made by the prisoner and the court to which the application is made or, where an appeal is brought from the decision of that court to another court, the other court does not order that the prisoner be released — the expiration of the period of 15 days from the date of the decision of the first-mentioned court or the appellate court, as the case may be,
whichever is the later, the Minister shall, if he is satisfied that the prisoner is liable to be surrendered to the declared Commonwealth country, by warrant in accordance with Form 6 in the Second Schedule or, where the prisoner is held in custody otherwise than at a prison, in accordance with that Form with such variations as are necessary to meet the circumstances of the case, order that the prisoner be delivered into the custody of a person specified in the warrant and be conveyed by that person to a place in that country or within the jurisdiction of, or of a part of, that country and there surrendered to some person appointed by that country to receive him.
(3) A warrant issued under subsection (2) may be executed according to its tenor.
(4) Any property in the possession of the prisoner at the time of his apprehension that may be material as evidence in proving the offence to which the requisition for his surrender relates shall, if the Minister so directs in writing, be delivered up with the prisoner on his surrender.