6EWhen does legal custody of the Chief Commissioner cease?

6E When does legal custody of the Chief Commissioner cease?

(1) A person who is deemed by this Act to enter the legal custody of the Chief Commissioner of Police ceases to be in the legal custody of the Chief Commissioner—

(a) on the expiration of the person's sentence of imprisonment, or if the person is serving more than one sentence of imprisonment, on the expiration of all of those sentences of imprisonment, unless the person is also in that custody for some other reason; or

S. 6E(1)(b) amended by No. 32/2018 s. 129(1).

(b) when the Chief Commissioner acting under lawful direction or authority, or in accordance with an Act, releases the person from the Chief Commissioner's legal custody; or

(c) when the legal custody of the person is lawfully transferred from the Chief Commissioner to the Secretary or another person; or

S. 6E(1)(ca) inserted by No. 5/2006 s. 14(6).

(ca) if the person is being detained under an order referred to in section 6(ca), during any period when he or she is taken not to be detained under the order by force of section 13V of the Terrorism (Community Protection) Act 2003 or section 105.26 of the Criminal Code of the Commonwealth; or

S. 6E(1)(cab) inserted by No. 32/2018 s. 129(2).

(cab) when a police officer detaining a person under Part 2AA of the Terrorism (Community Protection) Act 2003 gives custody of the person to a person at a youth justice facility who acting under lawful authority on behalf of the Secretary may receive the person into the facility; or

S. 6E(1)(cac) inserted by No. 32/2018 s. 129(2).

(cac) when a police officer detaining a person under a preventative detention order within the meaning of Terrorism (Community Protection) Act 2003 gives custody of the person to, as the case requires—

(i) a person at a prison who acting under lawful authority on behalf of the Secretary may receive the person into the prison; or

(ii) a person at a youth justice facility who acting under lawful authority on behalf of the Secretary may receive the person into the facility; or

S. 6E(1)(cb) inserted by No. 10/2013 s. 7.

(cb) if the person is subject to a police custody transfer order, when either of the following events occurs—

(i) a person acting under lawful authority on behalf of the Secretary takes physical custody of the person; or

(ii) a person at a prison acting under lawful authority on behalf of the Secretary receives the person into the prison; or

S. 6E(1)(d) amended by Nos 2/2005 s. 8(2)(a), 37/2014 s. 10(Sch. item 32.2).