Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p27
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 27/86)
Character Range: 122296–124917

the end of the holding period except under an order of a court having jurisdiction under this Part.

"(3) This section does not authorise the holding in custody of the alleged offender after the end of the holding period.

"(4) The holding period is:

   (a) if a Saturday, Sunday or public holiday starts within 24 hours after the arrest of the alleged offender—the longer of the following periods:

       (i) the period starting with the arrest and ending 48 hours later;

       (ii) the period starting with the arrest and ending at the end of the next day after the day of the arrest that is not a Saturday, Sunday or public holiday; or

(b) in any other case—the period starting with the arrest and ending 24 hours later.

Obligation of court—where application before it to deal with contravention

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

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

    (b) there is an application before the court for the alleged offender to be dealt with under section 112AD for the alleged contravention.

"(2) The court must, without delay, proceed to hear and determine the application.

Obligation of court—where no application before it, but application before another court, to deal with contravention

"65U.(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 112 AD for the alleged contravention; and

   (c) the court is aware that there is an application before another court for the alleged offender to be dealt with under section 112AD for the alleged contravention.

"(2) The court must, without delay:

   (a) order that the alleged offender is to be released from custody on his or her entering into a recognizance (with or without surety or security) that he or she will attend before the other court on a date, at a time and at a place specified by the court; or

   (b) order the arresting person to arrange for the alleged offender to be brought before the other court on such date and at such time as the court specifies, being a date and time such that the alleged offender is to be brought before the other court as soon as practicable, and in any event not more than 72 hours, after the order is made.

"(3) If a court makes 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)