Commonwealth Numbered Acts

MIGRATION REFORM ACT 1992 No. 184, 1992 - SECT 19

19. Section 88 of the Principal Act is repealed and the following section is
substituted: Detention of suspected offenders

"88.(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 54W, 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 to remain in
        Australia, be expeditiously removed from Australia under section 54ZF;
        and

   (b)  may, at the direction of an authorised officer, continue to be
        detained under section 54W until so removed.".