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TERRORISM (COMMUNITY PROTECTION) ACT 2003 - SECT 13WB

Transfer of detained person into legal custody of Chief Commissioner for questioning

    (1)     This section applies if—

        (a)     a person is being detained in a prison or youth justice facility under a preventative detention order; and

        (b)     a police officer wants to question the person under Division 5A.

S. 13WB(2) amended by No. 47/2021 s. 22(18).

    (2)     An authorised police officer may request the Secretary to release the person from detention in the prison or youth justice facility into the custody of a police officer.

    (3)     A request under subsection (2) must be accompanied by a copy of—

        (a)     the preventative detention order on which is endorsed the date on which, and time at which, the person was first taken into custody or detained under the order; and

        (b)     any extension or further extension of the order under section 13I.

S. 13WB(4) amended by No. 47/2021 s. 22(18).

    (4)     If requested to do so under subsection (2), the Secretary, by instrument, may authorise the release of the person from detention in the prison or youth justice facility into the custody of a police officer.

    (5)     On the giving of an authorisation under subsection (4), a police officer may take physical custody of the person.

Notes

1     In the case of a person detained in a prison, see also sections 6B(3) and 6D(2AA) of the Corrections Act 1986 .

2     In the case of a person detained in a youth justice facility, see also section 483(1) and (1A) of the Children, Youth and Families Act 2005 and section 6D(2AA) of the Corrections Act 1986 .

S. 13WC inserted by No. 32/2018 s. 24.



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