Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p43
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 103565–106257

which a person is detained under this section.

"(8) Where for urgent medical or security reasons it becomes necessary to do so, an officer of the State or Territory in which a person is detained may vary the prison or hospital at which the person is detained but, where the officer does so, the officer must forthwith notify the Attorney-General, in writing, of the variation and of the reasons for that variation.

Attorney-General to review detention of persons taken back into detention

"20bg. (1) Where, under subsection 20bf (5), a prescribed authority directs that a person be detained in prison or in a hospital, the Attorney-General must, as soon as practicable after the person is so detained, consider (in this section called the 'initial consideration') whether or not the person should be released from detention and must, while the person is in detention, reconsider the matter at least once in each period of 6 months after the initial consideration.

"(2) Subsection 20bd (2) and, subject to the modification set out in subsection (3), section 20be, apply in relation to an initial consideration and to any reconsideration under subsection (1).

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

State or Territory mental health authorities to be notified of certain releases

"20bh. Where a person detained by authority of an order under subsection 20bc (2) or a warrant under subsection 20b (5) for a specified period in a State or Territory is due to be released because the period of that person's detention has ended, the Attorney-General must notify the mental health authorities of the State or Territory of the proposed release of the person.

"Division 7—Acquittal because of mental illness

Acquittal where person mentally ill

"20bj. (1) Where a person has been charged with a federal offence on indictment and the person is acquitted because of mental illness at the time of the offence, the court must order that the person be detained in safe custody in prison or in a hospital for a period specified in the order, not exceeding the maximum period of imprisonment that could have been imposed if the person had been convicted of the offence charged.

"(2) The Attorney-General may, at any time, by order in writing, vary the prison or hospital at which a person is detained under subsection (1).

"(3) Where, for urgent medical or security reasons it becomes necessary to do so, an officer of the State or Territory in which a person is detained under this section may vary the prison or hospital at which the person