Transfer of detained person into legal custody of Chief Commissioner for questioning
13WB Transfer of detained person into legal custody of Chief Commissioner for questioning
S. 13WB inserted by No. 32/2018 s. 24.
This section applies if—
S. 13WB(1)(a) amended by No. 32/2024 s. 1163(1).
a person is being detained in a prison or youth justice custodial centre under a preventative detention order; and
a police officer wants to question the person under Division 5A.
S. 13WB(2) amended by Nos 47/2021 s. 22(18), 32/2024 s. 1163(1).
An authorised police officer may request the Secretary to release the person from detention in the prison or youth justice custodial centre into the custody of a police officer.
A request under subsection (2) must be accompanied by a copy of—
the preventative detention order on which is endorsed the date on which, and time at which, the person was first taken into custody or detained under the order; and
any extension or further extension of the order under section 13I.
S. 13WB(4) amended by Nos 47/2021 s. 22(18), 32/2024 s. 1163(1).
If requested to do so under subsection (2), the Secretary, by instrument, may authorise the release of the person from detention in the prison or youth justice custodial centre into the custody of a police officer.
On the giving of an authorisation under subsection (4), a police officer may take physical custody of the person.
Notes
1 In the case of a person detained in a prison, see also sections 6B(3) and 6D(2AA) of the Corrections Act 1986.
Note 2 to s. 13WB(5) amended by No. 32/2024 s. 1163(2).
2 In the case of a person detained in a youth justice custodial centre, see also section 460 of the Youth Justice Act 2024 and section 6D(2AA) of the Corrections Act 1986.
This Act’s bill:Second reading speech
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