Victorian Consolidated Legislation

Corrections Act 1986 - SECT 6E

When does legal custody of the Chief Commissioner cease?

6E. When does legal custody of the Chief Commissioner cease?



(1) A person who is deemed by this Act to enter the legal custody of the Chief
Commissioner of Police ceases to be in the legal custody of the Chief
Commissioner-

   (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 for some other reason; or

   (b)  when the Chief Commissioner acting under lawful direction or authority
        releases the person from the Chief Commissioner's legal custody; or

   (c)  when the legal custody of the person is lawfully transferred from the
        Chief Commissioner to the Secretary or another person; or

   (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 police gaol or is in the physical custody of a
        member of the police force or of a person acting under lawful
        authority on behalf of the Chief Commissioner, when the person escapes
        from that police gaol or physical custody; or

   (e)  when the Chief Commissioner releases from his or her legal custody a
        person who has been issued, while in that custody, with a fine default
        permit by the Secretary.

(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 Chief Commissioner of
Police does not cease to be in the legal custody of the Chief Commissioner of
Police 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.