Document ID: chunk:federal_register_of_legislation:C2024C00861:section:54a
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 54A
Character Range: 147550–149219

54A  Custodial offences
 (1) A detainee who:
 (a) makes any unnecessary noise;
 (b) commits a nuisance;
 (c) is idle, careless or negligent at work;
 (d) without lawful authority, converses or otherwise communicates with another person (whether or not a detainee);
 (e) without lawful authority, gives any thing to, or receives any thing from, another person (whether or not a detainee);
 (f) without lawful authority, has in his or her possession any thing; or
 (g) without lawful authority, enters or leaves his or her cell;
commits an offence.
 (2) A detainee who, while on leave of absence from a detention centre, refuses or fails to comply with a condition of the grant of the leave of absence commits an offence.
 (2A) An offence under this section is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) It is a defence if a person charged with a custodial offence proves that he or she had a reasonable excuse for engaging in the behaviour to which the charge relates.
Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.
 (4) The maximum punishment for a custodial offence is segregated confinement for 10 days.
 (5) Subsection (4) has effect notwithstanding anything contained in section 64.
 (6) If a person (other than a detainee) commits an offence against subsection (1) or (2) of this section by virtue of section 11.2 or 11.2A of the Criminal Code, that section has effect as if the maximum punishment for an offence against subsection (1) or (2) of this section were imprisonment for 10 days.

Division 7—Miscellaneous offences