Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 (131 of 2021)

Schedule 1   Extended supervision orders

Part 1   Main amendments

Criminal Code Act 1995

3B   After subsection 100.1(3) of the Criminal Code

Insert:

Definition of detained in custody etc.

(3A) A person is detained in custody if the person is detained in custody under a law of the Commonwealth, a State or a Territory.

(3B) A person is detained in custody in a prison if the person is detained in custody in a gaol, lock-up or remand centre, including under a continuing detention order or interim detention order. However, a person is not detained in custody in a prison if the person is in immigration detention in a gaol, lock-up or remand centre.

(3C) A person is detained in non-prison custody if the person is detained in custody, but is not detained in custody in a prison.

Note: An example of a person who is detained in non-prison custody is a person who is in immigration detention (whether in a gaol, lock-up, remand centre or otherwise).

References to person, property or public