Commonwealth Numbered Acts

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 6

6. After section 17 of the Principal Act the following sections are inserted:
Transit of persons accused of offences against Indonesian laws

"17A. (1) Where Indonesia wishes to transport in custody through Australia a
person (in this section called 'the accused') who has been arrested for an
offence against a criminal law of Indonesia that applies in Area A of the Zone
of Cooperation, the following provisions apply:

   (a)  the accused may be transported in custody through Australia;

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

   (i)  the person holding the accused in custody before the landing or call
        is made may hold the accused in custody for a period not exceeding 24
        hours;

   (ii) any police officer may provide such assistance as is reasonable and
        necessary to facilitate the transport of the accused in custody;

   (iii) any magistrate to whom application is made, according to the
        regulations, on behalf of Indonesia is required to issue a warrant
        ordering a person specified in the warrant to hold the accused in
        custody for such period or periods as the magistrate considers
        necessary to facilitate the transport of the accused in custody;

   (iv) the Attorney-General may, on application on behalf of Indonesia,
        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;

   (v)  the Attorney-General may at any time direct a person having custody of
        the accused under this paragraph to release the accused;

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

"(2) Any 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).

"(3) A person who has been arrested under subsection (2) must be returned to
the custody from which he or she escaped.

"(4) 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.

"(5) In this section:
'police officer' means a member or special member of the Australian Federal
Police or a member of the police force of a State or Territory. Agreements
relating to enforcement of criminal laws in Area A

"17B. (1) The regulations may make provision for giving effect to any
agreements or arrangements between Australia and Indonesia relating to the
enforcement of criminal laws applying to acts done in Area A of the Zone of
Cooperation.

"(2) The provisions that may be made include, but are not limited to:

   (a)  provisions relating to the production of documents, the summoning of
        witnesses and the taking of evidence by Indonesian authorities for use
        in proceedings in Australia; and

   (b)  provisions relating to:

   (i)  the apprehension and detention in Area A, by Indonesian authorities,
        of persons accused of offences against criminal laws of Australia
        applied by subsection 9a (1); and

   (ii) the transport and surrender, whether in Area A or elsewhere, of such
        persons to Australian authorities; and

   (c)  provisions relating to:

   (i)  the apprehension and detention in Area A, by Australian authorities,
        of persons accused of offences against criminal laws of Indonesia; and

   (ii) the transport and surrender, whether in Area A or elsewhere, of such
        persons to Indonesian authorities; and

   (d)  provisions prescribing the practice and procedure of magistrates in
        the performance of functions under regulations made for the purposes
        of this section.

"(3) Provisions referred to in paragraph (2) (b) or (c) may not authorise the
detention of a person beyond the time at which it first becomes practicable to
surrender the person to an appropriate Australian or Indonesian authority.

"(4) Where regulations make provision of a kind referred to in paragraph (2)
(c), the Extradition Act 1988 does not apply in relation to an offence against
a law of a kind referred to in that paragraph.".