Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p10
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 10/105)
Character Range: 418502–421137

custody is to be a passenger on the flight; and
 (c) the person:
 (i) will be escorted on the flight; and
 (ii) is dangerous.
 (2) The Immigration Department must give the operator of the prescribed air service a written notice relating to the person.
 (3) A notice under subregulation (2) must:
 (a) be in the approved form; and
 (b) include the information required by the form; and
 (c) be given not later than:
 (i) 48 hours before the intended start of the flight; or
 (ii) if a later time is agreed to by the operator—that later time.
 (4) If the operator of the prescribed air service endorses the operator's consent on the notice, the Immigration Department must:
 (a) ensure that a copy of the endorsed notice is sent to the operator of each security controlled airport through which the person will travel; and
 (b) do so not later than:
 (i) 12 hours before the person's intended arrival at the airport; or
 (ii) if a later time is agreed to by the operator of the security controlled airport—that later time.

4.80  Escort arrangements for flights involving movements of non‑dangerous persons
 (1) This regulation applies in relation to a flight of a prescribed aircraft if:
 (a) the aircraft is being used for a prescribed air service; and
 (b) a person in custody is to be a passenger on the flight; and
 (c) the person is not dangerous.
 (2) Such a person, or 2 or more such persons, must be escorted, unless the Immigration Department and the operator of the prescribed air service agree that the person or persons be unescorted.
 (3) If the person or persons are escorted, there is no set number of escorts required.

4.81  Provision of information to prescribed aircraft's pilot in command
  The operator of a prescribed air service on which a person in custody is to be carried must notify the prescribed aircraft's pilot in command of the following before the aircraft's departure:
 (a) that a person in custody is to be carried on the aircraft;
 (b) the conditions under which the person is to be carried.

Subdivision 4.5.3—Movement of persons in custody other than under the Migration Act

4.82  Application of this Subdivision
 (1) This Subdivision applies in relation to the travel, on a prescribed aircraft, of persons in custody under a law other than the Migration Act.
 (2) This Subdivision does not apply to or in relation to a person who is in custody because that person has been taken into custody at a security controlled airport, or on a prescribed aircraft.

4.83  Definitions for this Subdivision
 (1) In this Subdivision:
enforcement agency means:
 (a) in the case of a person being moved from one