Document ID: chunk:federal_register_of_legislation:F2008C00189:body:0:p23
Version: federal_register_of_legislation:F2008C00189
Segment Type: other
Provision Reference: 
Character Range: 52222–54729

this section called the original document):
 (a) if the copy is identical in all relevant respects with the original document; and
 (b) if the original document is signed by a Magistrate and the copy does not include the signature of the Magistrate — if the copy includes a statement, endorsed by the Magistrates Court, that 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 in the prison 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 or Magistrate, 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