Document ID: chunk:federal_register_of_legislation:C2007A00089:clause:1_36
Version: federal_register_of_legislation:C2007A00089
Segment Type: clause
Provision Reference: sch 1 cl 36
Character Range: 25462–26352

36  Subsection 55(4)
Repeal the subsection (including the note), substitute:

Meaning of in gaol

 (4) For the purposes of this Act, a person is in gaol if:
 (a) the person is being lawfully detained (in prison or elsewhere) while under sentence for conviction of an offence and not on release on parole or licence; or
 (b) the person is undergoing a period of custody pending trial or sentencing for an offence.

Meaning of psychiatric confinement

 (5) Subject to subsection (6), psychiatric confinement in relation to a person includes confinement in:
 (a) a psychiatric section of a hospital; and
 (b) any other place where persons with psychiatric disabilities are, from time to time, confined.

 (6) The confinement of a person in a psychiatric institution during a period when the person is undertaking a course of rehabilitation is not to be taken to be psychiatric confinement.