39Transit

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.