Commonwealth Consolidated Acts

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CRIMES AT SEA ACT 2000 - SECT 6B

Transit of persons accused of offences against the laws of Timor - Leste

  (1)   If Timor - Leste wishes to transport in custody through Australia a person (the accused ) who has been arrested for an offence against a criminal law in force in Timor - Leste that applies in the Greater Sunrise special regime area , the following provisions apply:

  (a)   the accused may be transported in custody through Australia ; and

  (b)   if an aircraft or ship transporting the accused makes a landing or calls at a place in Australia :

  (i)   the person holding the accused in custody before the landing or call is made may hold the accused in custody for not more than 24 hours; and

  (ii)   a police officer may provide reasonable and necessary assistance to facilitate the transport of the accused in custody; and

  (iii)   a magistrate to whom application is made, according to the regulations, on behalf of Timor - Leste is required to issue a warrant ordering a person specified in the warrant to hold the accused in custody for a period or periods the magistrate considers necessary to facilitate the transport of the accused in custody; and

  (iv)   the Attorney - General may, on application on behalf of Timor - Leste , authorise, in writing, a magistrate to issue a warrant ordering a person specified in the warrant to hold the accused in custody for a further specified period in order to facilitate the transport of the accused in custody; and

  (v)   the Attorney - General may at any time direct a person having custody of the accused under this paragraph to release the accused; and

  (vi)   the total period of custody under subparagraphs   ( i) and (iii) must not exceed 96 hours.

  (2)   A police officer may, without warrant, arrest a person if the officer has reasonable grounds for believing that the person has escaped from custody authorised by subsection   ( 1).

  (3)   A person arrested under subsection   ( 2) must be returned to custody.

  (4)   For the purposes of this section, a place at which an aircraft or ship begins its journey or voyage is to be treated as a place at which the aircraft has landed, or the ship has called, as the case requires.



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