Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
62 Form of custody
  • (1) Every person who is placed in custody under section 59 and is to be detained overnight is to be detained—

    • (a) in the case of a person under 17 years of age who is not married or in a civil union, in—

      • (i) any residence (within the meaning of section 2(1) of the Children, Young Persons, and Their Families Act 1989) or other premises under the control of, or approved by, the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989; or

      • (ii) any other premises agreed to by an immigration officer and by the parent or guardian of the person, or the adult nominated under section 141B to represent the interests of the person; or

    • (b) in any other case, in—

      • (i) premises approved by the chief executive; or

      • (ii) a Police station.

    (2) Every person who is to be detained in custody pursuant to a warrant of commitment made under section 60 is to be detained—

    • (a) in a prison; or

    • (b) in any other premises approved for the purpose by the Judge before whom the person is brought.

    (3) [Repealed]

    Section 62: substituted, on 1 October 1999, by section 34 of the Immigration Amendment Act 1999 (1999 No 16).

    Section 62(1): amended, on 18 November 1991, by section 30(1) of the Immigration Amendment 1991 (1991 No 113).

    Section 62(2): amended, on 18 November 1991, by section 30(2) of the Immigration Amendment 1991 (1991 No 113).

    Section 62(3)(b): inserted, on 18 November 1991, by section 30(3) of the Immigration Amendment 1991 (1991 No 113).

    Section 62(3)(c): inserted, on 18 November 1991, by section 30(3) of the Immigration Amendment 1991 (1991 No 113).

    Section 62(3)(d): inserted, on 18 November 1991, by section 30(3) of the Immigration Amendment 1991 (1991 No 113).

    Section 62(1)(a): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

    Section 62(1)(a)(i): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

    Section 62(2)(a): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 62(3): repealed, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50)..