44Persons temporarily surrendered to Australia

#### 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.