12Arrest, custody etc. of offenders against Australian law

#### 12 Arrest, custody etc. of offenders against Australian law (1) Neither section 9 nor the last preceding section affects: (a) any powers of arrest, search, entry, seizure or custody exercisable under the law of Australia or of a State or Territory with respect to offences committed or suspected or believed to have been committed; (b) any obligation of a person in respect of a recognisance or bail bond entered into in consequence of his or her arrest, or the arrest of another person, for such an offence; or (c) any power of a court to remand (whether in custody or otherwise) a person brought before the court in connexion with such an offence. (2) Where a person is charged with an offence against a law of Australia or of a State or Territory, and it appears that that person is subject to the jurisdiction of the service tribunals of a country in relation to which section 8 applies, the designated authority of that country shall be notified. (3) Where a person is charged with an offence against a law of Australia or of a State or Territory, and it appears to the court before which he or she is charged that he or she is a person subject to the jurisdiction of the service tribunals of a country in relation to which section 8 applies, the court shall determine the period that it considers reasonable to enable inquiries to be made with a view to determining whether he or she should be dealt with by a court or by a service tribunal of that country, and further proceedings with respect to the offence charged are, by force of this Act, stayed for that period. (4) Where: (a) a person referred to in the last preceding subsection is remanded in custody by order of a court; and (b) the Attorney‑General, by writing under his or her hand: (i) states that the designated authority of the sending country has requested that that person be delivered into the custody of a service authority of that country pending trial; and (ii) requests that that person be so delivered; the court shall revoke the order and shall order that that person be so delivered.