Victorian Consolidated Legislation

Corrections Act 1986 - SECT 6A

When is a person in the legal custody of the Secretary?

6A. When is a person in the legal custody of the Secretary?



(1) A person is deemed to enter the legal custody of the Secretary when-

   (a)  an order of imprisonment is made in relation to the person; and

   (b)  either of the following events occurs-

   (i)  a person acting under lawful authority on behalf of the Secretary
        takes physical custody of the person; or

   (ii) a person at a prison acting under lawful authority on behalf of the
        Secretary receives the person into the prison.

(1A) Subsection (1) applies each time when-

   (a)  a person who has ceased to be in the legal custody of the Secretary by
        force of section 6B(ca) is again taken into custody and detained under
        the order referred to in that section; and

   (b)  either of the events referred to in subsection (1)(b) occurs.

(2) A person who enters the legal custody of the Secretary under subsection
(1) is deemed to remain in that custody until that custody ceases under this
Part.

(3) This section applies to a person regardless of the person's age.