Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A detainee who:
(a) makes any unnecessary noise;
(b) commits a nuisance;
(c) is idle, careless or negligent at work;
(d) without lawful authority, converses or otherwise communicates with another person (whether or not a detainee);
(e) without lawful authority, gives any thing to, or receives any thing from, another person (whether or not a detainee);
(f) without lawful authority, has in his or her possession any thing; or
(g) without lawful authority, enters or leaves his or her cell;
commits an offence.
(2) A detainee who, while on leave of absence from a detention centre, refuses or fails to comply with a condition of the grant of the leave of absence commits an offence.
(2A) An offence under this section is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
(3) It is a defence if a person charged with a custodial offence proves that he or she had a reasonable excuse for engaging in the behaviour to which the charge relates.
Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code .
(4) The maximum punishment for a custodial offence is segregated confinement for 10 days.
(5) Subsection (4) has effect notwithstanding anything contained in section 64.
(6) If a person (other than a detainee) commits an offence against subsection (1) or (2) of this section by virtue of section 11.2 or 11.2A of the Criminal Code , that section has effect as if the maximum punishment for an offence against subsection (1) or (2) of this section were imprisonment for 10 days.