Commonwealth Consolidated Acts

CRIMES (AVIATION) ACT 1991 - SECT 39

             (1)  Where:

                     (a)  a person is brought or appears before a magistrate under this Act; and

                     (b)  a warrant of the kind described in paragraph 38(b) for the arrest of the person is not produced to the magistrate;

the magistrate must:

                     (c)  if satisfied that more time is reasonably required for deciding whether criminal or extradition proceedings should be started against the person--remand the person, either in custody or on bail, for a period not longer than 7 days; or

                     (d)  if not so satisfied--order that the person be released from custody.

             (2)  A person remanded for a period under subsection (1) must be brought before a magistrate at the end of that period.

             (3)  If a person remanded on bail under subsection (1) does not appear before a magistrate in accordance with the person's recognizance, a magistrate may issue a warrant for the arrest of the person and for bringing the person before a magistrate.