Document ID: chunk:federal_register_of_legislation:C2012C00753:clause:2_45a
Version: federal_register_of_legislation:C2012C00753
Segment Type: clause
Provision Reference: sch 2 cl 45A
Character Range: 25603–26580

45A  Criminal detention definitions
  In this Act:
criminal detention: a person is in criminal detention if the person:
 (a) is arrested in respect of an offence; or
 (b) is in custody in respect of an offence; or
 (c) is detained because:
 (i) the person is unfit to be tried in respect of an offence; or
 (ii) the person has been acquitted of an offence because of mental illness at the time of the offence; or
 (iii) the person has been convicted of an offence and a court has ordered that the person be detained for the purposes of receiving treatment for a mental illness that contributed to the commission of the offence.
Example: Paragraph (c) includes detention under:
(a) Division 6 of Part IB (unfitness to be tried); or
(b) Division 7 of Part IB or section 20BS (mental illness).
federal criminal detention means criminal detention in respect of an offence against a law of:
 (a) the Commonwealth; or
 (b) a Territory (other than the Australian Capital Territory).