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Thursday, 12 November 1964


Senator GORTON (Victoria) (Minister for Works) . - I am informed that consideration has been given to that point and that the view of the Attorney-General's Department is that, although a statement could be issued of persons arrested and held in custody and in respect of whom applications for writs of habeas corpus could be made, the Court would have jurisdiction only if the persons were in custody in Australia and were wrongly held in custody. If a statement of persons held in custody outside Australia were supplied to a judge, he would have no jurisdiction to order the release of such persons from custody. I am informed that that is how the law stands.







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