Commonwealth Consolidated Acts

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Detention of suspected offenders

             (1)  In this section:

"suspect " means a non-citizen who:

                     (a)  travelled, or was brought, to the migration zone; and

                     (b)  is believed by an authorised officer on reasonable grounds to have been on board a vessel (not being an aircraft) when it was used in connection with the commission of an offence against a law in force in the whole or any part of Australia.

             (2)  For the purposes of section 189, an officer has a suspicion described in that section about a person if, but not only if, the person is a suspect.

             (3)  A non-citizen detained because of subsection (2) may be kept in immigration detention for:

                     (a)  such period as is required for:

                              (i)  the making of a decision whether to prosecute the suspect in connection with the offence concerned; or

                             (ii)  instituting such a prosecution; and

                     (b)  if such a prosecution is instituted within that period--such further period as is required for the purposes of the prosecution.

             (4)  Without limiting the generality of paragraph (3)(b), the period that is required for the purposes of a prosecution includes any period required for:

                     (a)  any proceedings in connection with the prosecution; and

                     (b)  the serving of any custodial sentence imposed because of the prosecution; and

                     (c)  the institution of, and any proceedings in connection with, any appeal from any decision in relation to the prosecution.

             (5)  If the period for which a person may be kept in immigration detention under subsection (3) ends, he or she:

                     (a)  must, unless he or she has become the holder of a visa, that is in effect, to remain in Australia, be expeditiously removed from Australia under section 198; and

                     (b)  may, at the direction of an authorised officer, continue to be detained under section 189 until so removed.

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