Taking offenders into custody
33 Taking offenders into custody
Where an authorised person reasonably suspects that a person has committed a prohibited act, the authorised person may cause the person to be taken into custody.
An authorised person who causes a person to be taken into custody must, unless subsection (2A) applies, cause the person:
to be brought, as soon as practicable, before a magistrate to be dealt with under this Act; and
to be held in custody until the person can be so brought before a magistrate.
Where an authorised person causes a person to be taken into custody on board an aircraft that is engaged in a flight that ends in a foreign country, the authorised person must cause the person:
to be delivered into the custody of a member, however described, of a police force of that foreign country; and
to be held in custody until the person can be so delivered.
This section does not prevent the arrest of a person under any other law for an offence against this Act.
In this section:
prohibited act means:
a Convention offence; or
an act resulting in Article 6 of the Hague Convention applying in respect of the relevant person; or
an act resulting in Article 6 of the Montreal Convention applying in respect of the relevant person; or
an act mentioned in paragraph 1 of Article 11 of the Tokyo Convention (other than an act covered by paragraph (a), (b) or (c)), or an attempt to do such an act.
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