17ATransit of persons accused of offences against the laws of East Timor

17A Transit of persons accused of offences against the laws of East Timor

(1) Where East Timor wishes to transport in custody through Australia a person (in this section called the accused) who has been arrested for an offence against a criminal law in force in East Timor that applies in Area A of the Zone of Cooperation, the following provisions apply:

(a) the accused may be transported in custody through Australia;

(b) if an aircraft or ship transporting the accused makes a landing or calls at a place in Australia:

(i) the person holding the accused in custody before the landing or call is made may hold the accused in custody for a period not exceeding 24 hours;

(ii) any police officer may provide such assistance as is reasonable and necessary to facilitate the transport of the accused in custody;

(iii) any magistrate to whom application is made, according to the regulations, on behalf of East Timor is required to issue a warrant ordering a person specified in the warrant to hold the accused in custody for such period or periods as the magistrate considers necessary to facilitate the transport of the accused in custody;

(iv) the Attorney‑General may, on application on behalf of East Timor, authorise, in writing, a magistrate to issue a warrant ordering a person specified in the warrant to hold the accused in custody for a further specified period in order to facilitate the transport of the accused in custody;

(v) the Attorney‑General may at any time direct a person having custody of the accused under this paragraph to release the accused;

(vi) the total period of custody under subparagraphs (b)(i) and (iii) must not exceed 96 hours.

(2) Any police officer may, without warrant, arrest a person if the officer has reasonable grounds for believing that the person has escaped from custody authorised by subsection (1). (3) A person who has been arrested under subsection (2) must be returned to the custody from which he or she escaped. (4) For the purposes of this section, a place at which an aircraft or ship begins its journey or voyage is to be treated as a place at which the aircraft has landed, or the ship has called, as the case requires. (5) In this section:

police officer means a member or special member of the Australian Federal Police or a member of the police force of a State or Territory.