SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 89 Custody of persons etc.

SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 89

  (1)   For the purpose of complying with an order made under paragraph   83(8)(b), or an order confirmed, varied or made under section   86 that is similar to an order mentioned in that paragraph, the person to whom the custody of the apprehended person has been committed may require that the person in charge of a prison in a State:

  (a)   receive the apprehended person and keep the apprehended person in custody for such time as the first - mentioned person requires; and

  (b)   surrender custody of the apprehended person to the first - mentioned person at the time and in the way that the first - mentioned person requires.

  (2)   The person so required must comply with such requirements as are reasonable.

  (3)   An apprehended person who is a person under restraint and who is serving a period of home detention or a term of imprisonment by way of periodic detention is taken to be serving that period of home detention or term of imprisonment:

  (a)   during the period commencing when the person is apprehended under section   82 and ending when the person is first taken before a magistrate under section   83; and

  (b)   during any period during which the person is in custody under an order made under paragraph   83(3)(b), (4)(b), (8)(b) or (12)(b), paragraph   86(6)(b) or subsection   86(9).

  (4)   The law in force in the place of issue of a warrant, being the law relating to the liability of a person who escapes from lawful custody, applies to a person being taken to the place of issue in compliance with an order mentioned in subsection   ( 1).

  (5)   Subsection   ( 4) does not apply to lawful custody in respect of an offence against a law of the Commonwealth.

  (6)   A reference in this section to an order made under paragraph   83(8)(b) includes a reference to an order made under subsection   84(8) that relates to the first - mentioned order.