Crimes at Sea Act 2000

If Timor‑Leste wishes to transport in custody through Australia a person (the accused) who has been arrested for an offence against a criminal law in force in Timor‑Leste that applies in the Greater Sunrise special regime area, the following provisions apply:

the accused may be transported in custody through Australia; and

if an aircraft or ship transporting the accused makes a landing or calls at a place in Australia:

the person holding the accused in custody before the landing or call is made may hold the accused in custody for not more than 24 hours; and

a police officer may provide reasonable and necessary assistance to facilitate the transport of the accused in custody; and

a magistrate to whom application is made, according to the regulations, on behalf of Timor‑Leste is required to issue a warrant ordering a person specified in the warrant to hold the accused in custody for a period or periods the magistrate considers necessary to facilitate the transport of the accused in custody; and

the Attorney‑General may, on application on behalf of Timor‑Leste, authorise, in writing, a magistrate to issue a warrant ordering a person specified in the warrant to hold the accused in custody for a further specified period in order to facilitate the transport of the accused in custody; and

the Attorney‑General may at any time direct a person having custody of the accused under this paragraph to release the accused; and

the total period of custody under subparagraphs (i) and (iii) must not exceed 96 hours.

A police officer may, without warrant, arrest a person if the officer has reasonable grounds for believing that the person has escaped from custody authorised by subsection (1).

A person arrested under subsection (2) must be returned to custody.

For the purposes of this section, a place at which an aircraft or ship begins its journey or voyage is to be treated as a place at which the aircraft has landed, or the ship has called, as the case requires.