Document ID: chunk:federal_register_of_legislation:C2024C00861:section:3:p10
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 3 (pt 10/10)
Character Range: 44764–46606

a determination relating to the exercise of that power is in force under subsection 5(3).
 (12) A reference in this Act to a person who is on guard duty shall be read as including a reference to a person who:
 (a) is posted or ordered to patrol; or
 (b) is a member of a guard or other party mounted or ordered to patrol;
for the purpose of:
 (c) protecting any person, any premises or place or any ship, vehicle, aircraft or other thing;
 (d) preventing or controlling access to, or egress from, any premises or place or any ship, vehicle, aircraft or other thing; or
 (e) regulating traffic by land or water.
 (16) Where:
 (a) a detainee is granted leave of absence from a detention centre; and
 (b) the detainee refuses or fails to return to the detention centre before the end of the leave of absence;
the detainee shall be taken, for the purposes of this Act, to have escaped from custody and from the detention centre.
 (17) A reference in a provision of this Act to the officer in charge of a detention centre is a reference to the officer who is responsible for the administration of the detention centre, and includes a reference to a member of the Defence Force, or to a member of the Defence Force included in a class of members of the Defence Force, authorized by a commanding officer, in writing, for the purposes of the provision in relation to the detention centre.
 (18) The provisions of this Act in so far as they protect the individual are in addition to, and not in derogation of, any rights and freedoms of the individual, whether under the law of the Commonwealth or of a State or Territory, and this Act is not intended to exclude or limit the operation of any law of the Commonwealth or of a State or Territory providing for those rights and freedoms in so far as it is capable of operating concurrently with this Act.