Commonwealth Consolidated Acts

INTERNATIONAL WAR CRIMES TRIBUNALS ACT 1995 - SECT 39

             (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.