Document ID: chunk:federal_register_of_legislation:C2008C00388:section:9
Version: federal_register_of_legislation:C2008C00388
Segment Type: section
Provision Reference: s 9
Character Range: 19047–20278

9  Application of Act to criminal lunatics

 (1) The preceding provisions of this Act, other than the last preceding section, shall, so far as applicable, apply to a person in custody as a criminal lunatic in like manner as they apply to a prisoner undergoing sentence of imprisonment, and, subject to this Act, all laws in force in the State or Territory in which a criminal lunatic, who is removed or returned, is for the time being in custody under a warrant issued in pursuance of this Act, shall apply to the criminal lunatic as if he or she had become a criminal lunatic in that State or Territory.

 (2) Where a person, who is a criminal lunatic and is unfit to be tried for an offence, is removed in pursuance of this Act, and the Governor‑General or the Government of the State or Territory to which the person was removed, or the Government of the Territory from which he or she was removed, considers that the person has become sufficiently sane to be tried for the offence, and requires him or her to be returned for trial to the Territory from which he or she was removed, he or she shall in accordance with this Act be returned as a prisoner to that Territory for the purpose of being there tried for that offence.