Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p47
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 113479–116214

at least once in each period of 6 months after the initial consideration.

"(2) Subsection 20bk (2) and, subject to the modification in subsection (3), section 20bl, apply in relation to an initial consideration and a reconsideration under subsection (1).

"(3) For the purposes of applying section 20bl, subsection 20bl (1) has effect as if the reference in that subsection to subsection 20bk (1) were a reference to subsection (1) of this section.

State or Territory authorities to be notified of certain releases

"20bp. Where a person detained by authority of an order under subsection 20bj (1) or a warrant under subsection 20bm (5) for a specified period in a State or Territory is due to be released because the period of the person's detention has ended, the Attorney-General must notify the mental health authorities of that State or Territory of the proposed release of the person.

"Division 8—Summary disposition of persons suffering from mental illness or intellectual disability

Person suffering from mental illness or intellectual disability

"20bq. (1) Where, in proceedings in a State or Territory before a court of summary jurisdiction in respect of a federal offence, it appears to the court:

    (a) that the person charged is suffering from a mental illness within the meaning of the civil law of the State or Territory or is suffering from an intellectual disability; and

    (b) that, on an outline of the facts alleged in the proceedings, or such other evidence as the court considers relevant, it would be more appropriate to deal with the person under this Division than otherwise in accordance with law;

the court may, by order:

   (c) dismiss the charge and discharge the person:

      (i) into the care of a responsible person, unconditionally, or subject to conditions, for a specified period that does not exceed 3 years; or

      (ii) on condition that the person attend on another person, or at a place, specified by the court for an assessment of the first-mentioned person's mental condition, or for treatment, or both, but so that the total period for which the person is required to attend on that other person or at that place does not exceed 3 years; or

      (iii) unconditionally; or

   (d) do one or more of the following: ...

      (i) adjourn the proceedings;

      (ii) remand the person on bail;

      (iii) make any other order that the court considers appropriate.

"(2) Where a court makes an order under paragraph (1) (c) in respect of a person and a federal offence with which the person has been charged, the order acts as a stay against any proceedings, or any further proceedings, against the person in respect of the offence.

"(3) Where a court makes an order under