Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 105 - Preventative detention orders  

Subdivision C - Carrying out preventative detention orders  

SECTION 105.27   Arrangement for detainee to be held in State or Territory prison or remand centre  

(1)  
A senior AFP member may arrange for a person (the subject ) who is being detained under a preventative detention order to be detained under the order at a prison or remand centre of a State or Territory.

(2)  
If an arrangement is made under subsection (1):


(a) the preventative detention order is taken to authorise the person in charge of the prison or remand centre to detain the subject at the prison or remand centre while the order is in force in relation to the subject; and


(b) section 105.33 applies in relation to the subject ' s detention under the order at the prison or remand centre as if:


(i) the person in charge of that prison or remand centre; or

(ii) any other person involved in the subject ' s detention at that prison or remand centre;
were a person exercising authority under the order or implementing or enforcing the order; and


(c) the senior AFP member who makes the arrangement is taken, while the subject is detained at the prison or remand centre, to be the AFP member detaining the subject for the purposes of Subdivisions D and E of this Division.

(3)  
The arrangement under subsection (1) may include provision for the Commonwealth meeting the expenses of the subject ' s detention at the prison or remand centre.




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