Commonwealth Consolidated Acts

CRIMES (INTERNATIONALLY PROTECTED PERSONS) ACT 1976 - SECT 11

(1)

In this section, constable means a member or special member of the Australian Federal Police or a member of a police force of a State or Territory.

(2)

Where a constable has reasonable grounds to suspect that a person who is in Australia has committed, outside Australia, an offence against this Act, the constable:

(a)

may take the person into custody for the purpose of being dealt with in accordance with this section; and

(b)

shall cause the person so taken into custody:

(i)

to be brought before a Magistrate as soon as practicable to be dealt with in accordance with this section; and

(ii)

to be held in custody until the person can be so brought before a Magistrate.

(3)

Where:

(a)

a person is brought or appears before a Magistrate in accordance with subsection (2) or on the expiration of a period of remand fixed under subsection (4) or in pursuance of a warrant issued under subsection (6); and

(b)

there is produced to the Magistrate a warrant for the apprehension of the person for the purposes of criminal or extradition proceedings in connexion with an offence against this Act or any other offence;

the Magistrate shall make such order as is appropriate to facilitate the execution of the warrant.

(4)

Where, in the circumstances referred to in paragraph (3)(a), a warrant referred to in paragraph (3)(b) is not produced to the Magistrate, the Magistrate shall:

(a)

if the Magistrate is satisfied that further time is reasonably required for determining whether criminal or extradition proceedings should be instituted against the person—remand, or further remand, the person, either in custody or on bail, for a period not exceeding 7 days; or

(b)

if the Magistrate is not so satisfied—order that the person be released from custody.

(5)

Where a Magistrate remands, or further remands, a person in custody under subsection (4), the person shall, at the expiration of the period of remand or further remand, be brought before that Magistrate or another Magistrate.

(6)

If a person who has been remanded on bail under subsection (4) does not appear before a Magistrate at the time and place mentioned in the recognizance entered into by the person on being granted bail, a Magistrate may issue a warrant for the apprehension of the person and for bringing the person before a Magistrate.

(7)

A person, other than an Australian citizen, who is taken into custody under subsection (2) is entitled to the rights conferred by paragraph 2 of article 6 of the Convention.

(8)

The laws in force in a State or Territory with respect to:

(a)

the conditions under which persons charged with offences against the law of that State or Territory are held in custody on remand;

(b)

the treatment of such persons while so held in custody; and

(c)

the transfer of such persons from one prison or other place of confinement to another;

apply, so far as they are capable of application, in relation to persons who are held in custody on remand, in accordance with an order under this section, in the prisons or other places of confinement of the State or Territory.

(9)

Nothing in this section prevents the arrest of a person for an offence against this Act in accordance with any other law.