Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p11
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 11/105)
Character Range: 420893–423495

that person has been taken into custody at a security controlled airport, or on a prescribed aircraft.

4.83  Definitions for this Subdivision
 (1) In this Subdivision:
enforcement agency means:
 (a) in the case of a person being moved from one custodial facility to another—the agency responsible for the custodial facility from which the person is being moved; or
 (b) in the case of a person in custody under the Fisheries Management Act 1991:
 (i) if the person who has the person in custody is an officer of Customs (within the meaning of the Customs Act 1901)—the Immigration Department; or
 (ii) if the person who has the person in custody is a member or special member of the Australian Federal Police—the Australian Federal Police; or
 (iii) if the person who has the person in custody is a member of the police force or police service of a State or Territory—the police force; or
 (iv) if the person who has the person in custody is a member of Australian Defence Force—the Australian Defence Force; or
 (v) in any other case—the Australian Fisheries Management Authority; or
 (c) in the case of a person (other than a person described in paragraph (a)) in custody under an Act other than the Fisheries Management Act 1991—the Australian Federal Police or the police force or police service of a State or Territory; or
 (d) in the case of a person (other than a person described in paragraph (a)) in custody under a law of a State or Territory—the police force or police service of the State or Territory.
 (2) In this Subdivision, a person in custody is dangerous if:
 (a) the enforcement agency that has the person in custody (the relevant enforcement agency) has assessed him or her as being:
 (i) likely to attempt to commit an unlawful interference with aviation; or
 (ii) likely to attempt to escape; or
 (b) the person has been charged with an offence that:
 (i) is an offence against a person or involving actual or threatened damage to property; and
 (ii) is punishable by imprisonment for 5 years or more; and
 (iii) the charge is still to be resolved; or
 (c) the person has been convicted of an offence that:
 (i) is an offence against a person or involving actual or threatened damage to property; and
 (ii) the offence is punishable by imprisonment for 5 years or more.
 (3) For the purposes of subparagraph (2)(b)(iii), a charge for an offence is resolved in relation to a person at the later of the following times:
 (a) when:
 (i) the charge is withdrawn; or
 (ii) the charge is dismissed; or
 (iii) the person is not committed on the charge following a committal hearing; or