Section 13 — Environment Protection and Biodiversity Conservation Act 1999: End of detention

A detainee must be released from detention: (a) as soon as an authorised officer or detention officer knows or reasonably believes that the detainee is an Australian citizen or an Australian resident; or (b) at the time the detainee is brought before a magistrate following a decision to charge the detainee with an offence referred to in subclause 8(1); or (c) at the time a decision is made not to charge the detainee with an offence referred to in that subclause; or (d) at the end of 168 hours after the detention began; whichever occurs first.