Document ID: chunk:federal_register_of_legislation:C2018C00493:section:39
Version: federal_register_of_legislation:C2018C00493
Segment Type: section
Provision Reference: s 39
Character Range: 62283–63322

39  Transit
 (1) If a person is to be transported in custody from a foreign country through Australia to another foreign country for the purpose of:
 (a) giving evidence in a proceeding before a Tribunal; or
 (b) giving assistance in relation to an investigation being conducted by a Tribunal; or
 (c) being surrendered to a Tribunal;
the person may be transported through Australia in the custody of another person.
 (2) If an aircraft or ship by which the person is being transported lands or calls at a place in Australia, the person must be kept in such custody as the Attorney‑General directs in writing until his or her transportation is continued.
 (3) If:
 (a) a person is being held in custody pursuant to a direction under subsection (2); and
 (b) the person's transportation is not, in the Attorney‑General's opinion, continued within a reasonable time;
the Attorney‑General may direct that the person be transported in custody to the foreign country from which the person was first transported.

Division 5—Service of process