Northern Territory Numbered Acts

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MONITORING OF PLACES OF DETENTION (OPTIONAL PROTOCOL TO THE CONVENTION AGAINST TORTURE) ACT 2018 (NO 18 OF 2018) - SECT 3

Interpretation

    (1)     In this Act:

deprivation of liberty has the meaning that it has in the Optional Protocol.

Note for definition deprivation of liberty

Under Article 4(2) of the Optional Protocol deprivation of liberty means any form of detention or imprisonment or placement of a person in a public or private custodial setting which the person is not permitted to leave at will by order of any judicial, administrative or other authority.

"detainee" means a person in a place of detention who is deprived of the person's liberty.

"detaining authority", for a place of detention, means the person or entity for the time being in charge of the place of detention and includes any person or entity responsible for the day-to-day care, control, health and safety of detainees in that place of detention.

"entity" includes an unincorporated body.

"expert" means an expert selected in accordance with Article 13 of the Optional Protocol.

"function" includes a power, authority or duty, and exercise a function includes perform a duty.

"Ministerial arrangement" means an arrangement entered into under section 9.

"Optional Protocol" means the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly of the United Nations on 18 December 2002 as amended and in force for Australia from time to time.

"place of detention", see section 4.

"responsible Minister", for a place of detention, means the Minister administering the Act, or portion of an Act, conferring functions on, or regulating the exercise of functions by, detaining authorities for that place of detention.

"Subcommittee" means the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of the Committee against Torture, established in accordance with Part II of the Optional Protocol.

    (2)     For the purposes of this Act, an entity or person engaged by or on behalf of a detaining authority or the State to provide services under a contract as, or on behalf of, a detaining authority is taken to be a detaining authority.



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