Transit proceedings

Commonwealth of Australia

Australia - Mutual Assistance in Criminal Matters Act No. 85 1987 (2018)

Part V—Custody of persons in transit
29 Transit
(1) If a person is to be transported in custody from a foreign country through Australia to another foreign country for the purposes of:
(a) giving evidence in a proceeding; or
(b) giving assistance in relation to an investigation;
relating to a criminal matter in the other foreign country, the person:
(c) may be transported through Australia in the custody of another person; and
(d) if an aircraft or ship by which the person is being transported lands or calls at a place in Australia—shall be kept in such custody as the Attorney General directs in writing until his or her transportation is continued.
(2) Where a person who is being held in custody pursuant to a direction under paragraph (1)(d) and the person’s transportation is not, in the opinion of the Attorney General, 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 .

Rome Statute

Article 89 Surrender of persons to the Court

3.

(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.