Australian Capital Territory Numbered Acts

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CORRECTIONS MANAGEMENT ACT 2007 (NO. 15 OF 2007 ) - SECT 6

Application of Act—detainees

    (1)     This Act applies to each of the following (each of whom is a detainee ):

        (a)     an offender while the offender is required to be imprisoned under full-time detention because of a committal order for the Crimes (Sentence Administration) Act 2005 , part 3.1;

        (b)     an offender under a sentence of imprisonment while the offender is required to perform periodic detention in a detention period under the Crimes (Sentence Administration) Act 2005 , part 5.3;

        (c)     a person while the person is remanded in custody because of an order for remand for the Crimes (Sentence Administration) Act 2005 , part 3.2;

        (d)     anyone else while the person is required to be held in custody or detention under a territory law or a law of the Commonwealth, a State or another Territory.

Examples—par (d)

1     a person held on a warrant issued under the Royal Commissions Act 1991 , section 35 (Apprehension of witnesses failing to appear)

2     a person in immigration detention under the Migration Act 1958 (Cwlth)

3     an interstate detainee on leave in the ACT held in custody overnight

Note 1     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).

Note 2     For the application of the Act to offenders in full-time imprisonment, or people remanded or otherwise in custody, immediately before the commencement of this Act, see s 501 (Application of Act to transitional detainees).

    (2)     However, the application of this Act is subject to the Crimes (Sentence Administration) Act 2005 , part 4.3 (Full-time detention in NSW).

    (3)     Also, to remove any doubt, this Act does not apply to a person detained under the Children and Young People Act 1999 , unless that Act provides otherwise.



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