Document ID: chunk:federal_register_of_legislation:C2018C00156:section:33
Version: federal_register_of_legislation:C2018C00156
Segment Type: section
Provision Reference: s 33
Character Range: 44092–45553

33  Taking offenders into custody
 (1) Where an authorised person reasonably suspects that a person has committed a prohibited act, the authorised person may cause the person to be taken into custody.
 (2) An authorised person who causes a person to be taken into custody must, unless subsection (2A) applies, cause the person:
 (a) to be brought, as soon as practicable, before a magistrate to be dealt with under this Act; and
 (b) to be held in custody until the person can be so brought before a magistrate.
 (2A) Where an authorised person causes a person to be taken into custody on board an aircraft that is engaged in a flight that ends in a foreign country, the authorised person must cause the person:
 (a) to be delivered into the custody of a member, however described, of a police force of that foreign country; and
 (b) to be held in custody until the person can be so delivered.
 (3) This section does not prevent the arrest of a person under any other law for an offence against this Act.
 (4) In this section:
prohibited act means:
 (a) a Convention offence; or
 (b) an act resulting in Article 6 of the Hague Convention applying in respect of the relevant person; or
 (c) an act resulting in Article 6 of the Montreal Convention applying in respect of the relevant person; or
 (d) an act mentioned in paragraph 1 of Article 11 of the Tokyo Convention (other than an act covered by paragraph (a), (b) or (c)), or an attempt to do such an act.