# Circumstances in which this Subdivision does not apply

> act-s245AF — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

245AF Circumstances in which this Subdivision does not apply
               To avoid doubt, this Subdivision does not apply where:
                (a) a detainee in immigration detention voluntarily engages in an
                    activity of a kind approved in writing by the Secretary for the
                    purposes of this paragraph; or
                (b) a prisoner in a prison or remand centre of the
                    Commonwealth, a State or a Territory engages in an activity
                    as a prisoner; or
                (c) a person engages in an activity in compliance with:
                      (i) a sentence passed, or an order made, under
                          subsection 20AB(1) of the Crimes Act 1914
                          (community service orders etc.); or
                     (ii) a community service order, a work order, a sentence of
                          periodic detention, an attendance centre order, a
                          sentence of weekend detention, an attendance order, or a
                          similar sentence or order, passed or made under the law
                          of a State or Territory.