QLDIn ForceAct
Criminal Law Amendment Act 1945
sec.22BEffect of declaration generally
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### sec.22B Effect of declaration generally
A public interest declaration has effect for the detained person—
on and from the day it takes effect under section 22A ; and
until a relevant event happens for the person.
While a public interest declaration has effect for the detained person—
DPSOA does not apply to the person; and
the person must no longer be detained, or subject to supervised release, under DPSOA ; and
this part operates in relation to the person despite any other Act; and
the person must be detained in an institution; and
the person is a prisoner for the purposes of the Corrective Services Act 2006 other than the following provisions of that Act—
chapter 2 , part 2 , division 11 ;
chapter 5 .
See division 5 for what happens when a public interest declaration ends or does not apply to a person.
However, the person may be detained in a watch-house until the person can be conveniently taken to an institution.
If the person is not being detained in an institution or watch-house under DPSOA when the public interest declaration is made, the person may be arrested without warrant by a police officer and taken to an institution or watch-house for detention under this section.
s 22B ins 2013 No. 53 s 6
amd 2020 No. 23 s 69 s ch 1 pt 1
(sec.22B-ssec.1) A public interest declaration has effect for the detained person— on and from the day it takes effect under section 22A ; and until a relevant event happens for the person.
(sec.22B-ssec.2) While a public interest declaration has effect for the detained person— DPSOA does not apply to the person; and the person must no longer be detained, or subject to supervised release, under DPSOA ; and this part operates in relation to the person despite any other Act; and the person must be detained in an institution; and the person is a prisoner for the purposes of the Corrective Services Act 2006 other than the following provisions of that Act— chapter 2 , part 2 , division 11 ; chapter 5 . See division 5 for what happens when a public interest declaration ends or does not apply to a person.
(sec.22B-ssec.3) However, the person may be detained in a watch-house until the person can be conveniently taken to an institution.
(sec.22B-ssec.4) If the person is not being detained in an institution or watch-house under DPSOA when the public interest declaration is made, the person may be arrested without warrant by a police officer and taken to an institution or watch-house for detention under this section.
- (a) on and from the day it takes effect under section 22A ; and
- (b) until a relevant event happens for the person.
- (a) DPSOA does not apply to the person; and
- (b) the person must no longer be detained, or subject to supervised release, under DPSOA ; and
- (c) this part operates in relation to the person despite any other Act; and
- (d) the person must be detained in an institution; and
- (e) the person is a prisoner for the purposes of the Corrective Services Act 2006 other than the following provisions of that Act— (i) chapter 2 , part 2 , division 11 ; (ii) chapter 5 . Note— See division 5 for what happens when a public interest declaration ends or does not apply to a person.
- (i) chapter 2 , part 2 , division 11 ;
- (ii) chapter 5 .
- (i) chapter 2 , part 2 , division 11 ;
- (ii) chapter 5 .