6CPersons not regarded to be in the Secretary's legal custody

6C Persons not regarded to be in the Secretary's legal custody (1) Despite section 6A, the following persons are not to be regarded as being in the Secretary's legal custody— (a) a person who is on parole; (b) a person who is serving a combined custody and treatment order and who is in the community under that order; S. 6C(1)(ba) inserted by No. 2/2002 s. 13(1), amended by No. 43/2020 s. 36(a). (ba) a person who is subject to a drug and alcohol treatment order and who is in the community under that order; S. 6C(1)(bb) inserted by No. 53/2003 s. 12, repealed by No. 48/2011 s. 4, new s. 6C(1)(bb) inserted by No. 10/2013 s. 5. (bb) a person who is absent from prison under a police custody transfer order; S. 6C(1)(bc) inserted by No. 2/2005 s. 8(1). (bc) a person who is absent from a prison under a fine default permit; (c) a person who is serving a sentence of imprisonment by way of intensive correction in the community; (d) a person who is serving a sentence of imprisonment that was wholly or partly suspended and who is in the community in accordance with that sentence. (2) A person is on parole if there is in force a parole order relating to the person and the person is serving a sentence of imprisonment but is not detained in a prison. S. 6C(3) inserted by No. 2/2002 s. 13(2), amended by No. 43/2020 s. 36(b). (3) A person is in the community under a drug and alcohol treatment order even if he or she is— (a) submitting to residential detoxification or other treatment in accordance with a program condition attached to the order; or (b) at a place in accordance with an order under section 18ZL(1)(c) or (e) of the **Sentencing Act 1991**. S. 6D inserted by No. 45/2001 s. 5.