Australian Capital Territory Numbered Acts

CORRECTIONS MANAGEMENT ACT 2007 (NO. 15 OF 2007 ) - SECT 64

    (1)     A person must not be admitted to, or detained at, a correctional centre unless the detention is—

        (a)     authorised by a warrant under the Crimes (Sentence Administration) Act 2005 , section 12 (Warrant for imprisonment); or

        (b)     authorised by a warrant under the Crimes (Sentence Administration) Act 2005 , section 17 (Warrant for remand); or

        (c)     otherwise authorised, whether by a warrant or other authority (however named), under a territory law or a law of the Commonwealth, a State or another Territory.

Examples—par (c)

1     an accused person who is refused bail by an authorised person under the Bail Act 1992

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

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

4     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)     Before the person is admitted to the correctional centre, the chief executive must be given the warrant or evidence of other authority for the detention.

    (3)     The validity of a person's detention at a correctional centre is not affected by a defect or irregularity in or in relation to the warrant or the evidence of other authority for the detention.