Commonwealth Consolidated Acts

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Disposal of person in custody

             (1)  Where an authorized officer is notified under paragraph 116G(2)(a) that a person has been taken into custody under subsection 116G(1), he or she shall, after such investigation of the matter as he or she thinks necessary:

                     (a)  if he or she is satisfied that there is a good and sufficient reason why the person held in custody should be released--direct that the person be released from custody under this Division; or

                     (b)  if he or she is not so satisfied--refer the matter to the Minister.

             (2)  For the purposes of the carrying out of an investigation referred to in subsection (1), the authorized officer shall have due regard to any request made by a person under subsection 116G(3).

             (3)  Where the matter is referred to the Minister under subsection (1), the Minister shall:

                     (a)  direct that the person held in custody be released from custody under this Division; or

                     (b)  issue a warrant for the delivery of the person held in custody under this Division into the custody of a specified service authority of the country to which the person belongs at a place in Australia:

                              (i)  specified in the warrant; or

                             (ii)  determined by the authorized officer.

             (4)  A service authority into whose custody a person is delivered in pursuance of a warrant issued under paragraph (3)(b) may remove the person from Australia, but nothing in this subsection shall be taken to limit any other powers that the authority may have with respect to the person.

             (5)  Where under this section the Minister or an authorized officer directs that a person be released from custody under this Division, that person shall be so released.

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