Commonwealth Consolidated Acts

EXTRADITION ACT 1988 - SECT 48

(1)

Where a country (in this section called the receiving country ), being an extradition country or New Zealand, wishes to transport in custody through Australia a person (in this section called the transferee ) who is being surrendered to the receiving country by another country, then, subject to subsection (2), the following provisions have effect:

(a)

the transferee may be transported in custody through Australia for the purposes of being so surrendered;

(b)

where the aircraft or ship that transports the transferee makes a landing or calls at a place in Australia:

(i)

the person holding the transferee in custody before the landing or call is made may hold the transferee in custody at the place for a period not exceeding 24 hours;

(ii)

any police officer may provide such assistance at the place as is reasonable and necessary to facilitate the transporting of the transferee in custody;

(iii)

any magistrate to whom application is made, in the statutory form, by or on behalf of the receiving country shall issue a warrant ordering a person specified in the warrant to hold the transferee in custody for such period or periods as the magistrate considers necessary to facilitate the transporting of the transferee;

(iv)

the Attorney-General may, on application by the receiving country, authorise in writing a magistrate to issue a warrant ordering a person specified in the warrant to hold the transferee in custody for a further specified period in order to facilitate the transporting of the transferee; and

(v)

the Attorney-General may at any time direct any person having custody of the transferee under this paragraph to release the transferee from custody.

(2)

The total period or periods of any custody in accordance with subparagraphs (1)(b)(i) and (iii) shall not exceed 96 hours.