When does detention under this Part end?
13AZZG When does detention under this Part end?
Subject to this section, a person's detention under this Part ends—
at the end of the maximum police detention period; or
if the person—
is taken into custody for the purposes of Subdivision (30A) of Division 1 of Part III of the Crimes Act 1958 in relation to the commission of an indictable offence in Victoria; or
is arrested under Division 4 of Part IAA, or Part IC, of the Crimes Act 1914 of the Commonwealth; or
becomes a protected suspect (within the meaning of Part IC of the Crimes Act 1914 of the Commonwealth).
A person's detention under this Part must end before the end of the maximum police detention period if the police officer detaining the person, or the nominated police senior officer in relation to that person, is satisfied that the grounds on which the police detention decision in relation to the person was made have ceased to exist.
Note
The nominated police senior officer may be satisfied that the grounds on which the police detention decision in relation to the person cease to exist after the conduct of a periodic review.
In addition, if a preventative detention order is made in relation to the person and the order takes effect before the end of the maximum police detention period, the person's detention under this Part ends when the order takes effect.
If subsection (1)(a) or (2) applies, the police officer who is detaining a person under this Part must, without delay, release the person from detention or arrange for the person's release from detention.
S. 13AZZH inserted by No. 32/2018 s. 9.
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