Document ID: chunk:federal_register_of_legislation:C2021C00367:section:44
Version: federal_register_of_legislation:C2021C00367
Segment Type: section
Provision Reference: s 44
Character Range: 108558–110117

44  Persons temporarily surrendered to Australia
 (1) Where a person is surrendered by a country to Australia pursuant to an undertaking by the Attorney‑General of Australia in relation to:
 (a) the trial of the person in Australia in respect of a particular offence or offences;
 (b) the return of the person to the country; and
 (c) the custody of the person while travelling to and from, and while in, Australia;
the following provisions have effect:
 (d) the person shall, while travelling to and from, and while in, Australia pursuant to the undertaking, be kept in such custody as the Attorney‑General orders in writing;
 (e) the person shall not be tried in Australia in respect of any offence or offences other than an offence mentioned in paragraph (a);
 (f) the person shall not, under any law of the Commonwealth, a State or a Territory, be subject to any detention that would prevent the person being returned to the country pursuant to the undertaking.
 (2) Where:
 (a) a person is held in custody in accordance with an order of the Attorney‑General under paragraph (1)(d); and
 (b) the country that surrendered the person requests the release of the person from custody;
the Attorney‑General shall order that the person be released from custody.
 (3) If the undertaking mentioned in subsection (1) is given in writing, the undertaking is not a legislative instrument.
 (4) An order made under paragraph (1)(d) is not a legislative instrument.
 (5) If an order under subsection (2) is made in writing, the order is not a legislative instrument.