CORRECTIONS ACT 1986 - SECT 6B When does legal custody of the Secretary cease?
CORRECTIONS ACT 1986 - SECT 6B
When does legal custody of the Secretary cease?(1) A person ceases to be in the legal custody of the Secretary—
S. 6B(1)(a) amended by Nos 91/2009 s. 201(4), 27/2018 s. 355(6).
(a) on the expiration of the person's sentence of imprisonment, or if the person is serving more than one sentence of imprisonment, on the expiration of all of those sentences of imprisonment, unless the person is also in that custody under a detention order, an interim detention order or an emergency detention order under the Serious Offenders Act 2018 or for some other reason; or
S. 6B(1)(aba) inserted by No. 35/2020 s. 46(1).
(aba) on the expiration of the person's sentence of imprisonment, or if the person is serving more than one sentence of imprisonment, on the expiration of all of those sentences of imprisonment, unless immediately upon that expiration the person becomes subject to a Commonwealth continuing detention order or a Commonwealth interim detention order; or
S. 6B(1)(ab) inserted by No. 27/2018 s. 355(7).
(ab) on the expiration of a detention order or an interim detention order under the Serious Offenders Act 2018 if—
(i) the person is not subject to any other order of imprisonment; and
(ii) the person is not serving a sentence of imprisonment; or
S. 6B(1)(ac) inserted by No. 27/2018 s. 355(7).
(ac) on the expiration of an emergency detention order under the Serious Offenders Act 2018 if—
(i) the person is not subject to any other order of imprisonment; and
(ii) the person is not serving a sentence of imprisonment; or
S. 6B(1)(ad) inserted by No. 35/2020 s. 46(2).
(ad) on the expiration of a Commonwealth continuing detention order or a Commonwealth interim detention order in respect of the person, if—
(i) the person is not subject to any other order of imprisonment; and
(ii) the person is not serving a sentence of imprisonment; or
S. 6B(1)(b) amended by No. 32/2018 s. 127(1).
(b) when the Secretary acting under lawful direction or authority, or in accordance with an Act, releases the person from the Secretary's legal custody; or
(c) when the legal custody of the person is lawfully transferred from the Secretary to the Chief Commissioner of Police or another person; or
S. 6B(1)(ca) inserted by No. 5/2006 s. 14(3).
(ca) if the person is being detained under an order referred to in section 6(ca) , during any period when he or she is taken not to be detained under the order by force of section 13V of the Terrorism (Community Protection) Act 2003 or section 105.26 of the Criminal Code of the Commonwealth; or
(d) if the person is in a prison or is in the physical custody of an officer within the meaning of Part 5 or an escort officer or of a person acting under lawful authority on behalf of the Secretary, when the person escapes from that prison or physical custody; or
(e) if the person is in the community in the legal custody of the Secretary, when the person does anything that constitutes an offence under section 479C(2) or (3) of the Crimes Act 1958 .
S. 6B(2) inserted by No. 5/2006 s. 14(4).
(2) Despite subsection (1)(a), a person being detained under an order referred to in section 6(ca) who is in the legal custody of the Secretary does not cease to be in the legal custody of the Secretary on the expiration of the order if—
(a) another such order comes into force in relation to the person immediately after that expiration; or
(b) another such order continues in force in relation to the person.
S. 6B(3) inserted by No. 32/2018 s. 127(2).
(3) A person in relation to whom a preventative detention order (within the meaning of the Terrorism (Community Protection) Act 2003 ) is in effect and who is detained in a prison (a detained person ) also ceases to be in the legal custody of the Secretary when a person acting under lawful authority on behalf of the Secretary gives the physical custody of the detained person to a police officer under section 13WB of that Act.
S. 6C inserted by No. 45/2001 s. 5.