Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this section:
"suspect" means a non - citizen who:
(a) travelled, or was brought, to the migration zone; and
(b) is believed by an authorised officer on reasonable grounds to have been on board a vessel (not being an aircraft) when it was used in connection with the commission of an offence against a law in force in the whole or any part of Australia.
(2) For the purposes of section 189, an officer has a suspicion described in that section about a person if, but not only if, the person is a suspect.
(3) A non - citizen detained because of subsection (2) may be kept in immigration detention for:
(a) such period as is required for:
(i) the making of a decision whether to prosecute the suspect in connection with the offence concerned; or
(ii) instituting such a prosecution; and
(b) if such a prosecution is instituted within that period--such further period as is required for the purposes of the prosecution.
(4) Without limiting the generality of paragraph (3)(b), the period that is required for the purposes of a prosecution includes any period required for:
(a) any proceedings in connection with the prosecution; and
(b) the serving of any custodial sentence imposed because of the prosecution; and
(c) the institution of, and any proceedings in connection with, any appeal from any decision in relation to the prosecution.
(5) If the period for which a person may be kept in immigration detention under subsection (3) ends, he or she:
(a) must, unless he or she has become the holder of a visa, that is in effect, to remain in Australia, be expeditiously removed from Australia under section 198; and
(b) may, at the direction of an authorised officer, continue to be detained under section 189 until so removed.