(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.