Territory does not include the Australian Capital Territory.

(1)

A person who:

(a)

is an officer of a prison, lock-up or other place of lawful detention, a constable or a Commonwealth officer;

(b)

is charged for the time being with the custody or detention of another person (including a person detained under Division 6 or 7 of Part 1B or section 20BS) in respect of any offence against a law of the Commonwealth or of a Territory; and

(c)

intentionally or negligently permits the other person to escape from that custody or detention;

is guilty of an offence.

(2)

A constable or a Commonwealth officer, who intentionally or negligently permits a person who has been lawfully arrested in respect of any offence against a law of the Commonwealth or of a Territory to escape from that arrest, is guilty of an offence.

Penalty: Imprisonment for 5 years.