Document ID: chunk:federal_register_of_legislation:C2004A03968:body:0:p3
Version: federal_register_of_legislation:C2004A03968
Segment Type: other
Provision Reference: 
Character Range: 5234–7938

custody through Australia a person (in this section called 'the accused') who has been arrested for an offence against a criminal law of Indonesia that applies in Area A of the Zone of Cooperation, the following provisions apply:

(a) the accused may be transported in custody through Australia;

(b) if an aircraft or ship transporting the accused makes a landing or calls at a place in Australia:

       (i) the person holding the accused in custody before the landing or call is made may hold the accused in custody for a period not exceeding 24 hours;

       (ii) any police officer may provide such assistance as is reasonable and necessary to facilitate the transport of the accused in custody;

       (iii) any magistrate to whom application is made, according to the regulations, on behalf of Indonesia is required to issue a warrant ordering a person specified in the warrant to hold the accused in custody for such period or periods as the magistrate considers necessary to facilitate the transport of the accused in custody;

       (iv) the Attorney-General may, on application on behalf of Indonesia, authorise, in writing, a magistrate to issue a warrant ordering a person specified in the warrant to hold the accused in custody for a further specified period in order to facilitate the transport of the accused in custody;

       (v) the Attorney-General may at any time direct a person having custody of the accused under this paragraph to release the accused;

       (vi) the total period of custody under subparagraphs (b) (i) and (iii) must not exceed 96 hours.

"(2) Any police officer may, without warrant, arrest a person if the officer has reasonable grounds for believing that the person has escaped from custody authorised by subsection (1).

"(3) A person who has been arrested under subsection (2) must be returned to the custody from which he or she escaped.

"(4) For the purposes of this section, a place at which an aircraft or ship begins its journey or voyage is to be treated as a place at which the aircraft has landed, or the ship has called, as the case requires.

"(5) In this section:

'police officer' means a member or special member of the Australian Federal Police or a member of the police force of a State or Territory.

Agreements relating to enforcement of criminal laws in Area A

"17b. (1) The regulations may make provision for giving effect to any agreements or arrangements between Australia and Indonesia relating to the enforcement of criminal laws applying to acts done in Area A of the Zone of Cooperation.

"(2) The provisions that may be made include, but are not limited

to:

   (a) provisions relating to the production of documents, the