Document ID: chunk:federal_register_of_legislation:C2018C00153:section:19:p2
Version: federal_register_of_legislation:C2018C00153
Segment Type: section
Provision Reference: s 19 (pt 2/2)
Character Range: 34264–35764

before that court;
make an order directing that the defendant be taken, as soon as practicable, in the custody of such person as it directs, to the part of Australia in which the indictment was filed and there be delivered to the custody of a person having authority to arrest the defendant, and may make such further orders as it thinks necessary for facilitating the carrying into effect of the first‑mentioned order.
 (5) If:
 (a) at the time at which the defendant is to appear before a court pursuant to an order under subsection (1), neither the Attorney‑General nor the Director of Public Prosecutions has notified that court that he or she does not intend to file an indictment against the defendant in a court in another part of Australia; and
 (b) neither the Attorney‑General nor the Director of Public Prosecutions notifies the first‑mentioned court before or at that time that he or she has filed such an indictment; and
 (c) the defendant is in custody;
the first‑mentioned court must, at that time, make an order directing that the defendant be released.
 (6) Where an order has been made under subsection (1) in relation to an indictment, the proceedings on that indictment do not, and that order does not, prevent or prejudice any other indictment, or any information, against the defendant, whether on the same charge or on any other charge.
 (7) The jurisdiction of a court under subsection (3), (4) or (5) may be exercised by the court constituted by a single judge or magistrate.