Document ID: chunk:federal_register_of_legislation:F2008C00493:body:0:p23
Version: federal_register_of_legislation:F2008C00493
Segment Type: other
Provision Reference: 
Character Range: 52152–54703

it is a copy of the original document.

Part 8 Removal of detainees from the Territory

41 Interpretation

  In this Part:
custodian means:
 (a) a special constable; or
 (b) a member of the police force of a State or another Territory; or
 (c) a prison officer of a State or another Territory.
prison means a prison, or other place where a person may be held in lawful custody, in a State or another Territory.

42 Detainees may be taken from, and detained outside, the Territory

 (1) A detainee may be:
 (a) conveyed by a custodian to and from a prison; and
 (b) delivered by a custodian into the custody of the officer for the time being in charge of the prison;
as if the detainee were being so conveyed and delivered under a law of the State or Territory where the prison is located that has a similar effect to:
 (c) this Ordinance; and
 (d) the warrant of detention under which he or she is detained.

 (2) The detainee may be conveyed to the prison by whatever route is reasonable, including a route that requires transit:
 (a) through a State or Territory; and
 (b) between the Territory and a place in a State or another Territory.

43 Imprisonment in a State or another Territory

  A detainee:
 (a) may be detained in a prison for a period that is necessary to give effect to the warrant of detention under which the detainee is detained; and
 (b) is taken to be imprisoned under the warrant.

44 Manner of imprisonment

  Subject to this Ordinance, a detainee in a prison:
 (a) must be dealt with in the same manner; and
 (b) is subject to the same laws;
as if the detainee were detained under a law of the State or Territory where the prison is located that has a similar effect to:
 (c) this Ordinance; and
 (d) the warrant of detention under which he or she is detained.

45 Conveying of detainees to appear before courts

 (1) When a detainee is required to be brought to a place in a State or another Territory so that the detainee can appear before a court, a person in whose custody the detainee is placed must, as soon as practicable, arrange for the detainee to be conveyed in custody to that place.

 (2) The detainee may be conveyed to the place by whatever route is reasonable, including a route that requires transit:
 (a) through a State or Territory; and
 (b) between the Territory and a place in a State or another Territory.

Part 9 Miscellaneous

Division 1 General

46 Interpretation

  In this Division, unless the contrary intention appears:
warrant means search warrant, warrant for apprehension, warrant of