26Circumstances in which prisoners, &c., are in custody of Director, &c.

26 Circumstances in which prisoners, &c., are in custody of Director, &c.

(1)  A prisoner or detainee is taken to be in the custody of the Director in the following circumstances:

(a) if the prisoner or detainee is being taken to or from prison;

(b) if the prisoner or detainee is working outside the precincts of a prison;

(c) if the prisoner or detainee is outside the precincts of a prison in accordance with an authorisation under section 41 , a leave permit under section 42 or an interstate leave permit under section 49 .

(2)  If a police officer has custody of a prisoner or detainee in a prison in respect of which a proclamation has been made under section 9(2) , the police officer is taken to be a correctional officer and the prisoner or detainee is taken to be in the custody of the Director.

(3)  If a correctional officer has custody of a person in lawful custody, other than a prisoner or detainee, in a prison in respect of which a proclamation has been made under section 9(2) , the correctional officer is taken to be a police officer and the person in lawful custody is taken to be in the custody of a police officer.