Document ID: chunk:federal_register_of_legislation:C2019C00248:section:6b
Version: federal_register_of_legislation:C2019C00248
Segment Type: section
Provision Reference: s 6B
Character Range: 14442–16560

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.