How does being a 'detainee' affect potential punishments under this Act?

Okay, I can help you understand how being a "detainee" affects potential punishments, based on the provided legislation.

In Plain English

If you're a detainee under the Fisheries Management Act 1991 or the Defence Force Discipline Act 1982, here's what you need to know:

Detailed Explanation

Here's a more in-depth look at how being a detainee impacts potential punishments and related procedures, according to the provided legislative excerpts:

1. Escape from Detention (Fisheries Management Act 1991)

  • Section 14 of the Fisheries Management Act 1991 specifically addresses escaping from detention.
  • A detainee who escapes commits an offence, and the punishment upon conviction is imprisonment for up to 2 years.

2. Searches of Detainees (Fisheries Management Act 1991)

  • Clause 15 of the Fisheries Management Act 1991 allows for searches of detainees, their clothing, and property under their immediate control without a warrant.
  • The purposes of these searches are:
    • To find weapons or items that could be used to inflict bodily injury or assist in escaping.
    • To find evidence related to specific offences under the Act or related offences under the Crimes Act 1914.
  • If such items or documents are found, an authorised officer may take possession of them and retain them as necessary for the purposes of this Act or the Migration Act 1958.

3. Unlawful Absence (Defence Force Discipline Act 1982)

  • Under the Defence Force Discipline Act 1982, section 177 states that if a convicted person becomes unlawfully at large during their detention or imprisonment, the time they are unlawfully at large does not count towards their sentence.

4. Consequences of Punishment (Defence Force Discipline (Consequences of Punishment) Rules 2018)