Commonwealth Consolidated Acts

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INTERNATIONAL WAR CRIMES TRIBUNALS ACT 1995 - SECT 39

Transit

  (1)   If a person is to be transported in custody from a foreign country through Australia to another foreign country for the purpose of:

  (a)   giving evidence in a proceeding before a Tribunal; or

  (b)   giving assistance in relation to an investigation being conducted by a Tribunal; or

  (c)   being surrendered to a Tribunal;

the person may be transported through Australia in the custody of another person.

  (2)   If an aircraft or ship by which the person is being transported lands or calls at a place in Australia, the person must be kept in such custody as the Attorney - General directs in writing until his or her transportation is continued.

  (3)   If:

  (a)   a person is being held in custody pursuant to a direction under subsection   (2); and

  (b)   the person's transportation is not, in the Attorney - General's opinion, continued within a reasonable time;

the Attorney - General may direct that the person be transported in custody to the foreign country from which the person was first transported.



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