Section 430 — Immigration Act 2009: Person subject to section 128 or 128B of former Act

430 Person subject to section 128 or 128B of former Act (1) A person who, immediately before the commencement of section 404 of this Act, was a person to whom section 128 or 128B of the former Act applied must be treated on and from the date of that commencement as a person to whom section 115 of this Act applies, and this Act applies accordingly with any necessary modifications. (2) Without limiting subsection (1),— (a) in determining (under section 116 of this Act) whether section 115 of this Act ceases to apply to the person, any period of time must be calculated including any time that has elapsed before the commencement of section 404 of this Act: (b) a person must be treated as if he or she were arrested and detained under Part 9 of this Act if he or she was already detained on the commencement of section 404 of this Act.