Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p28
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 28/86)
Character Range: 124684–127426

an order under paragraph (2)(b) for the alleged offender to be brought before another court:

   (a) subject to paragraph (c), the alleged offender may be kept in custody until he or she is brought before the other court; and

   (b) if the alleged offender is brought before the other court as required by the order, the other court must, without delay, proceed to hear and determine the application mentioned in paragraph (l)(c); and

   (c) if the alleged offender is not brought before the other court as required by the order, he or she must be released without delay.

Obligation of court—where no application before any court to deal with contravention

"65V.(1) This section applies if:

(a) the alleged offender is brought before a court under section 65S; and

   (b) there is no application, or no longer any application, before the court for the alleged offender to be dealt with under section 112AD for the alleged contravention; and

   (c) so far as the court is aware, there is no application, or no longer any application, before any other court for the alleged offender to be dealt with under section 112AD for the alleged contravention.

"(2) The court must, without delay, order the release of the alleged offender.

Applications heard as required by subsection 65T(2) or paragraph 65U(3)(b)

"65W.(1) If a court hearing an application as required by subsection 65T(2) or paragraph 65U(3)(b) adjourns the hearing, the court must:

   (a) order the alleged offender to be kept in such custody as the court considers appropriate during the adjournment; or

   (b) order that the alleged offender is to be released from custody, either on his or her entering into a recognizance (with or without surety or security) that he or she will attend before the court on the resumption of the hearing or otherwise.

"(2) This section does not authorise the holding in custody of the alleged offender during an adjournment of proceedings that:

(a) is expressed to be for a period of more than 24 hours; or

(b) continues for more than 24 hours.

"Subdivision E—Obligations under parenting orders relating to taking or sending children from Australia

Interpretation

"65X.(1) In this Subdivision:

'captain', in relation to an aircraft or vessel, means the person in charge or command of the aircraft or vessel;

'care order' means a specific issues order under which a person is responsible for a child's long-term or day-to-day care, welfare and development;

'child' means a person who is under 18;

'pending' has a meaning affected by subsection (2).

"(2) For the purposes of this Subdivision, if an appeal against a decision of a court in proceedings has been instituted and is pending, the proceedings are taken to be pending