Document ID: chunk:federal_register_of_legislation:C2004A02555:body:0:p7
Version: federal_register_of_legislation:C2004A02555
Segment Type: other
Provision Reference: 
Character Range: 15027–17723

sub-section (1), the person holding him in custody shall—
      (a) cause an authorized officer to be notified that the person has been taken into custody; and
      (b) take all reasonable steps to ensure that the person in custody understands his right to make a request under sub-section (3).
"(3) A person in custody under this section may, on grounds specified by him, request that he be released from that custody.
"(4) Where a person makes a request under sub-section (3), the person holding him in custody shall cause the request to be referred to an authorized officer.

Disposal of person in custody
"116h. (1) Where an authorized officer is notified under paragraph 116g (2) (a) that a person has been taken into custody under sub-section 116g (1), he shall, after such investigation of the matter as he thinks necessary—

      (a) if he is satisfied that there is a good and sufficient reason why the person held in custody should be released—direct that the person be released from custody under this Division; or
      (b) if he is not so satisfied—refer the matter to the Minister.
"(2) For the purposes of the carrying out of an investigation referred to in sub-section (1), the authorized officer shall have due regard to any request made by a person under sub-section 116g (3).
"(3) Where the matter is referred to the Minister under sub-section (1), the Minister shall—
      (a) direct that the person held in custody be released from custody under this Division; or
      (b) issue a warrant for the delivery of the person held in custody under this Division into the custody of a specified service authority of the country to which the person belongs at a place in Australia—
          (i) specified in the warrant; or
          (ii) determined by the authorized officer.
"(4) A service authority into whose custody a person is delivered in pursuance of a warrant issued under paragraph (3) (b) may remove the person from Australia, but nothing in this sub-section shall be taken to limit any other powers that the authority may have with respect to the person.
"(5) Where under this section the Minister or an authorized officer directs that a person be released from custody under this Division, that person shall be so released.

Evidence for the purposes of this Division
"116j. For the purposes of any proceedings in a court or otherwise arising in connection with any action taken in pursuance of the provisions of this Division, where the designated authority of a country in relation to which section 116f applies certifies in writing that a person named and described in that certificate was, on a specified date, an absentee without leave from the forces of that