Document ID: chunk:federal_register_of_legislation:C2021A00131:clause:1_3b
Version: federal_register_of_legislation:C2021A00131
Segment Type: clause
Provision Reference: sch 1 cl 3B
Character Range: 6101–7008

3B  After subsection 100.1(3) of the Criminal Code
Insert:

Definition of detained in custody etc.
 (3A) A person is detained in custody if the person is detained in custody under a law of the Commonwealth, a State or a Territory.
 (3B) A person is detained in custody in a prison if the person is detained in custody in a gaol, lock‑up or remand centre, including under a continuing detention order or interim detention order. However, a person is not detained in custody in a prison if the person is in immigration detention in a gaol, lock‑up or remand centre.
 (3C) A person is detained in non‑prison custody if the person is detained in custody, but is not detained in custody in a prison.
Note: An example of a person who is detained in non‑prison custody is a person who is in immigration detention (whether in a gaol, lock‑up, remand centre or otherwise).

References to person, property or public