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CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 156 Authority for detention

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 156

Authority for detention

    (1)     A young detainee must not be admitted to, or detained at, a detention place unless the detention is authorised by a warrant or other authority (however described), under a territory law or a law of the Commonwealth or a State.

Examples—other authority authorising detention

1     a young detainee refused bail by an authorised person under the Bail Act 1992

2     a young detainee in immigration detention under the Migration Act 1958

  (Cwlth)

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

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).

    (2)     Before a young detainee is admitted to a detention place, the director-general must be given the warrant or other authority for the detention.

    (3)     The validity of a young detainee's detention at a detention place is not affected by a defect or irregularity in or in relation to the warrant or the evidence of other authority for the detention.