Commonwealth Consolidated Acts

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CRIMES (AVIATION) ACT 1991 - SECT 39

Proceedings before magistrate where warrant not produced

  (1)   Where:

  (a)   a person is brought or appears before a magistrate under this Act; and

  (b)   a warrant of the kind described in paragraph   38(b) for the arrest of the person is not produced to the magistrate;

the magistrate must:

  (c)   if satisfied that more time is reasonably required for deciding whether criminal or extradition proceedings should be started against the person--remand the person, either in custody or on bail, for a period not longer than 7 days; or

  (d)   if not so satisfied--order that the person be released from custody.

  (2)   A person remanded for a period under subsection   ( 1) must be brought before a magistrate at the end of that period.

  (3)   If a person remanded on bail under subsection   ( 1) does not appear before a magistrate in accordance with the person's recognizance, a magistrate may issue a warrant for the arrest of the person and for bringing the person before a magistrate.



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