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MIGRATION ACT 1958 - SECT 250

Detention of suspected offenders

  (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.



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