Commonwealth Consolidated Acts

DEFENCE (VISITING FORCES) ACT 1963 - SECT 12

             (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.