Document ID: chunk:federal_register_of_legislation:C2017C00397:section:12
Version: federal_register_of_legislation:C2017C00397
Segment Type: section
Provision Reference: s 12
Character Range: 18656–20735

12  Arrest, custody etc. of offenders against Australian law
 (1) Neither section 9 nor the last preceding section affects:
 (a) any powers of arrest, search, entry, seizure or custody exercisable under the law of Australia or of a State or Territory with respect to offences committed or suspected or believed to have been committed;
 (b) any obligation of a person in respect of a recognisance or bail bond entered into in consequence of his or her arrest, or the arrest of another person, for such an offence; or
 (c) any power of a court to remand (whether in custody or otherwise) a person brought before the court in connexion with such an offence.
 (2) Where a person is charged with an offence against a law of Australia or of a State or Territory, and it appears that that person is subject to the jurisdiction of the service tribunals of a country in relation to which section 8 applies, the designated authority of that country shall be notified.
 (3) Where a person is charged with an offence against a law of Australia or of a State or Territory, and it appears to the court before which he or she is charged that he or she is a person subject to the jurisdiction of the service tribunals of a country in relation to which section 8 applies, the court shall determine the period that it considers reasonable to enable inquiries to be made with a view to determining whether he or she should be dealt with by a court or by a service tribunal of that country, and further proceedings with respect to the offence charged are, by force of this Act, stayed for that period.
 (4) Where:
 (a) a person referred to in the last preceding subsection is remanded in custody by order of a court; and
 (b) the Attorney‑General, by writing under his or her hand:
 (i) states that the designated authority of the sending country has requested that that person be delivered into the custody of a service authority of that country pending trial; and
 (ii) requests that that person be so delivered;
the court shall revoke the order and shall order that that person be so delivered.