Commonwealth Numbered Acts

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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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