Australian Justice Minister Chris Ellison says an Australian terror suspect at Guantanamo Bay, Cuba should not be repatriated until he is tried by U.S. authorities.

U.S. Defense Secretary Donald Rumsfeld said Thursday the United States would rather have detainees at the Guantanamo Bay prison camp imprisoned by their home countries.

But Mr. Ellison said Friday he does not want suspected terrorist David Hicks to return to Australia until the U.S. justice system had dealt with him.

Mr. Ellison said Australia would have no choice but to release Mr. Hicks without charge because counter-terrorism laws introduced after the September 11, 2001 attacks on the United States were not retroactive.

However, Mr. Ellison called for a speedy trial for the terror suspect.

Some information for this report provided by AP and AFP.