Transit
39 Transit
If a person is to be transported in custody from a foreign country through Australia to another foreign country for the purpose of:
giving evidence in a proceeding before a Tribunal; or
giving assistance in relation to an investigation being conducted by a Tribunal; or
being surrendered to a Tribunal;
the person may be transported through Australia in the custody of another person.
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.
If:
a person is being held in custody pursuant to a direction under subsection (2); and
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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