Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p46
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 111057–113734

or the Director of Public Prosecutions may apply to a prescribed authority for a warrant for the arrest of the person.

"(4) A person who is arrested under subsection (3) must, as soon as practicable after that arrest, be brought before a prescribed authority in the State or Territory in which the person is arrested.

"(5) Subject to subsection (6), where a prescribed authority in a State or Territory before whom a person is brought under subsection (4) is satisfied that:

(a) the person is the person named in the instrument revoking the release order; and

(b) the release order has been revoked and the revocation is still in force;

the prescribed authority may issue a warrant:

    (c) authorising any constable to take the person to a specified prison or hospital in the State or Territory; and

    (d) directing that the person be detained in prison or in hospital in the State or Territory for such part of the period fixed by the court to be the period of detention in safe custody under subsection 20bj (1) as had not elapsed at the time of the making of the release order.

"(6) If the prescribed authority in the State or Territory before whom the person is brought under subsection (4) cannot complete the hearing under subsection (5) immediately, the prescribed authority may issue a warrant for the remand of the person in a prison or hospital in the State or Territory pending completion of the hearing.

"(7) The Attorney-General may, at any time, by order in writing, vary the prison or hospital at 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 the 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

"20bn. (1) Where, under subsection 20bm (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 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).