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.