Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies to a person (other than a sentenced offender or remandee) detained in lawful custody under a territory law or a law of the Commonwealth, a State or another Territory.
Examples
1 a person held on a warrant issued under the Royal Commissions Act 1991 , s 35 (Apprehension of witnesses failing to appear)
2 an interstate prisoner on leave in the ACT held in custody overnight
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).
(2) Functions under this Act in relation to the person must be exercised, as far as practicable, as follows:
(a) to recognise and facilitate the purpose for which the person is detained;
(b) to respect and protect the person's human rights;
(c) to ensure the person's decent, humane and just treatment;
(d) to preclude torture or cruel, inhuman or degrading treatment.
(3) Also, functions under this Act in relation to the person must be exercised, as far as practicable, as follows:
(a) to ensure the person is not subject to punishment only because of the conditions of detention;
(b) to ensure the person's conditions in detention comply with the requirements under the Corrections Management Act 2005 .
(4) A
regulation may make provision in relation to the application of this Act
(other than this section) to the person, including modifications of the Act in
its application to the person.