(1) Section 39 does not come into force in respect of a foreign State or any fugitive therefrom until that section has been declared by order of the Minister responsible for foreign affairs to be in force in respect of the foreign State from a day to be stated in the order.
(2) The Minister responsible for foreign affairs may by order declare that section 39 is no longer in force in respect of a foreign State and thereupon that section ceases to be in force in respect of that foreign State and any fugitive therefrom from a day to be stated in the order.
(3) Section 39 is not to be applied for the surrender of a fugitive to a foreign State in any case where the offence for which his or her surrender is sought was committed before that section was declared under subsection (1) to be in force in respect of that foreign State.