Document ID: chunk:federal_register_of_legislation:C2021C00313:section:26
Version: federal_register_of_legislation:C2021C00313
Segment Type: section
Provision Reference: s 26
Character Range: 48473–49632

26  Release from remand after certain periods
 (1) A person must be brought before a magistrate if:
 (a) the person was arrested under a warrant issued under subsection 21(2); and
 (b) the person is, under this Division, on remand 60 days after the day on which the person was arrested; and
 (c) a notice has not been given under subsection 20(1) in relation to the person.
 (2) Unless the magistrate is satisfied that such a notice is likely to be given within a particular period that is reasonable in all the circumstances, the magistrate must:
 (a) order the release of the person from custody; or
 (b) order the discharge of the recognisances on which bail was granted to the person;
as the case requires.
 (3) If a magistrate was satisfied under subsection (2) that such a notice was likely to be given in relation to the person within a particular period but the notice is not given within the period:
 (a) the person must be brought before a magistrate; and
 (b) the magistrate must:
 (i) order the release of the person from custody; or
 (ii) order the discharge of the recognisances on which bail was granted to the person;
  as the case requires.