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INTERNATIONAL WAR CRIMES TRIBUNALS ACT 1995 No. 18 of 1995 - SECT 39
Transit
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.
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