Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) While performing periodic detention, an offender is—
(a) taken to be in the chief executive's custody; and
(b) if under escort by an escort officer—also taken to be in the escort's custody.
(2) An offender is taken to perform periodic detention in a detention period if—
(a) the offender is, otherwise than under subsection (1), in lawful custody for the period; and
(b) the custody is only in relation to the offender's periodic detention obligations.
(3) To remove any doubt, the offender is not taken to perform periodic detention for a detention period if the reason for the custody mentioned in subsection (2) is, or includes, anything other than the offender's periodic detention obligations.
Example of custody in relation to periodic detention obligations
suspension of the offender's periodic detention (see s 79)
Example of other reason for custody
nonpayment of a fine or other amount (including restitution) under a court order
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).