Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) The chief executive may, by written notice (an interstate leave permit ) given to a full-time detainee, give the detainee leave to travel to and from, and remain in, a participating State.
(2) An interstate leave permit must include the following details:
(a) the State or Territory to which the permit applies;
(b) the purpose for which the leave is granted;
(c) the period, not longer than 7 days, for which leave is granted.
Note 1 If a form is approved under s 228 for this provision, the form must be used.
Note 2 Power given under an Act to make a statutory instrument (including an interstate leave permit) includes power to amend or revoke the instrument (see Legislation Act, s 46 (1)).
(3) An interstate leave permit may be issued—
(a) for a full-time detainee with a high security classification—only if the leave is to enable the detainee to receive a health service or for a compassionate reason; or
(b) in any other case—for any purpose the chief executive believes, on reasonable grounds, is appropriate.
(4) An interstate leave permit is subject to the following conditions:
(a) any condition prescribed by regulation;
(b) any other condition, consistent with the conditions (if any) prescribed by regulation, that—
(i) the chief executive believes, on reasonable grounds, is necessary and reasonable; and
(ii) is stated in the permit.
Examples of conditions stated in interstate leave permits
1 a condition that an escort officer stated in the permit escort the detainee
2 a condition prohibiting association with a particular person or being near a particular place
3 a condition that an indigenous detainee travelling interstate to mark the birth or death of a relative be escorted by an indigenous elder or relative
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).