New South Wales Consolidated Acts

TERRORISM (POLICE POWERS) ACT 2002 - SECT 26X

26X Arrangement for detainee to be held in prison

(1) A police officer who is detaining a person (the "subject") under a preventative detention order may arrange, with the Commissioner of Corrective Services, for the subject to be detained under the order at a correctional centre.

(2) If an arrangement is made under subsection (1):

(a) the police officer making the arrangement is to provide the person in charge of the correctional centre with written notice of the arrangement, a copy of the preventative detention order and any prohibited contact order that is in force in relation to the subject’s detention, and

(b) the preventative detention order is taken to authorise the person in charge of the correctional centre to detain the subject at the correctional centre while the order is in force in relation to the subject, and

(c) section 26ZC (Humane treatment of person being detained) applies in relation to the subject’s detention under the order at the correctional centre as if:

(i) the person in charge of that correctional centre, or

(ii) any other person involved in the subject’s detention at that correctional centre,

were a person exercising authority under the order or implementing or enforcing the order, and

(d) the police officer who made the arrangement (or another police officer designated by the Commissioner or a Deputy Commissioner of Police or by an Assistant Commissioner of Police responsible for counter-terrorism operations) is taken, while the subject is detained at the correctional centre, to be the police officer detaining the subject for the purposes of this Part, and

(e) a police officer may, for the purposes of exercising functions under the order, enter at any time the correctional centre and visit the subject in the correctional centre.

(2A) The provisions of or made under the Crimes (Administration of Sentences) Act 1999 or the Children (Detention Centres) Act 1987 (as the case requires) apply to the subject when detained under an arrangement in force under this section in the same way as they apply to an inmate (within the meaning of the Crimes (Administration of Sentences) Act 1999 ) or a detainee (within the meaning of the Children (Detention Centres) Act 1987 ), except to the extent that any such provision:

(a) is inconsistent with a requirement of this Part or the arrangement, or

(b) entitles a person to visit the subject or entitles the subject to communicate with another person (unless this Part also confers the entitlement), or

(c) is excluded under subsection (3).

(3) The regulations may exclude the subject from the application of any of the provisions of or made under the Crimes (Administration of Sentences) Act 1999 or the Children (Detention Centres) Act 1987 .

(4) An arrangement under subsection (1) does not prevent the subject being returned to the custody of a police officer.

(5) A reference in this section to a correctional centre is to be construed, in relation to a detainee under 18 years of age, as a reference to a juvenile detention centre or juvenile correctional centre (and in the case of a juvenile detention centre the reference to the Commissioner of Corrective Services is to be construed as a reference to the Director-General of the Department of Juvenile Justice).

(6) During any period that a subject under 18 years of age is not detained under an arrangement in force under this section, a police officer must not detain the subject together with persons who are 18 years or older unless the nominated senior police officer under section 26R considers that there are exceptional circumstances and approves of that detention.