Commonwealth Numbered Acts

Defence Legislation Amendment Act 1984 No. 164 of 1984 - SECT 33

33. After Division 6 of Part III of the Principal Act the following Division
is inserted:
                        "Division 6A-Custodial offences
Custodial offences

"54A. (1) A detainee who-

   (a)  makes any unnecessary noise;

   (b)  commits a nuisance;

   (c)  is idle, careless or negligent at work;

   (d)  without lawful authority, converses or otherwise communicates with
        another person (whether or not a detainee);

   (e)  without lawful authority, gives any thing to, or receives any thing
        from, another person (whether or not a detainee);

   (f)  without lawful authority, has in his possession any thing; or

   (g)  without lawful authority, enters or leaves his cell, is guilty of an
        offence.

"(2) A detainee who, while on leave of absence from a detention centre,
refuses or fails to comply with a condition of the grant of the leave of
absence is guilty of an offence.

"(3) It is a defence if a person charged with a custodial offence had a
reasonable excuse for engaging in the behaviour to which the charge relates.

"(4) The maximum punishment for a custodial offence is segregated confinement
for 10 days.

"(5) Sub-section (4) has effect notwithstanding anything contained in section
64.

"(6) Where-

   (a)  a person (not being a detainee) commits an offence against sub-section
        (1) or (2) of this section by virtue of section 5 of the
        Crimes Act 1914; or

   (b)  a person commits an offence against section 73 of the Defence Act 1903
        that relates to an offence against sub-section (1) or (2) of this
        section, section 5 of the Crimes Act 1914 or section 73 of the
        Defence Act 1903, as the case may be, has effect as if the maximum
        punishment for an offence against sub-section (1) or (2) of this
        section were imprisonment for 10 days.".