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Corrections Management Act 2007
64Authority for detention
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64 Authority for detention
(1) A person must not be admitted to, or detained at, a correctional centre
unless the detention is—
(a) authorised by a warrant under the Crimes (Sentence
Administration) Act 2005, section 12 (Warrant for
imprisonment); or
(b) authorised by a warrant under the Crimes (Sentence
Administration) Act 2005, section 17 (Warrant for remand); or
(c) otherwise authorised, whether by a warrant or other authority
(however named), under a territory law or a law of the
Commonwealth, a State or another Territory.
Examples—par (c)
1 an accused person who is refused bail by an authorised person under the
Bail Act 1992
2 a person held on a warrant issued under the Royal Commissions
Act 1991, section 35 (Apprehension of witnesses failing to appear)
3 a person in immigration detention under the Migration Act 1958 (Cwlth)
4 an interstate detainee on leave in the ACT held in custody overnight
(2) Before the person is admitted to the correctional centre, the
director-general must be given the warrant or evidence of other
authority for the detention.
(3) The validity of a person’s detention at a correctional centre is not
affected by a defect or irregularity in or in relation to the warrant or
the evidence of other authority for the detention.