Australian Capital Territory Consolidated Acts

CORRECTIONS MANAGEMENT ACT 2007 - SECT 6

    (1)     This Act applies to each of the following (each of whom is a detainee ):

        (a)     an offender while the offender is required to be imprisoned under full-time detention because of a committal order for the Crimes (Sentence Administration) Act 2005 , part 3.1;

        (b)     an offender under a sentence of imprisonment while the offender is required to perform periodic detention in a detention period under the Crimes (Sentence Administration) Act 2005 , part 5.3;

        (c)     a person while the person is remanded in custody because of an order for remand for the Crimes (Sentence Administration) Act 2005 , part 3.2;

        (d)     anyone else while the person is required to be held in custody or detention under a territory law or a law of the Commonwealth, a State or another Territory.

Examples—par (d)

1     a person held on a warrant issued under the Royal Commissions Act 1991 , section 35 (Apprehension of witnesses failing to appear)

2     a person in immigration detention under the Migration Act 1958 (Cwlth)

3     an interstate detainee on leave in the ACT held in custody overnight

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     However, the application of this Act is subject to the Crimes (Sentence Administration) Act 2005 , part 4.3 (Full-time detention in NSW).

    (3)     Also, this Act (other than chapter 4 (Detention in police and court cells)) does not apply to a person detained under the Children and Young People Act 2008 .