Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT (No. 2) 1989 No. 4 of 1990 - SECT 15

15. Section 20B of the Principal Act is repealed and the following Divisions
are substituted:

"Division 6-Unfitness to be tried Consequences of preliminary finding that
person unfit to be tried

"20B. (1) Where, in proceedings for the commitment of a person for trial of
a federal offence on indictment, being proceedings begun after this section
commences, the question of the person's fitness to be tried in respect of the
offence, is raised by the prosecution, the person or the person's legal
representative, the magistrate must refer the proceedings to the court to
which the proceedings would have been referred had the person been committed
for trial.   "(2) If the court to which the proceedings have been referred
finds the person charged to be fit to be tried, the court must remit the
proceedings to the magistrate and proceedings for the commitment must be
continued as soon as possible.

"(3) Where a court:

   (a)  to which proceedings have been referred under subsection (1); or

   (b)  before which a person appears in proceedings for trial of a federal
        offence on indictment, being proceedings begun after this section
        commences; finds the person charged unfit to be tried, the court must
        determine whether there has been established a prima facie case that
        the person committed the offence concerned.

"(4) Where a magistrate refers proceedings to a court under subsection (1),
the magistrate may order the person charged to be detained in prison or in
hospital for so long only as is reasonably necessary to allow the court to
which the person is referred to determine whether it will make an order under
subsection (2) remitting the person to the magistrate, an order under section
20BA dismissing the charge or an order under section 20BB detaining the person
in prison or hospital or granting the person bail.

"(5) Where a court finds a person, other than a person in respect of whom
proceedings have been referred to it by a magistrate under subsection (1), to
be unfit to be tried, the court may order the person to be detained in prison
or hospital for so long only as is reasonably necessary to allow the court to
determine whether it will make an order under section 20BA dismissing the
charge or an order under section 20BB detaining the person in prison or
hospital or granting the person bail.

"(6) For the purposes of subsection (3), a prima facie case is established if
there is evidence that would (except for the circumstances by reason of which
the person is unfit to be tried) provide sufficient grounds to put the person
on trial in relation to the offence.

"(7) In proceedings to determine whether, for the purposes of subsection (3),
a prima facie case has been established:

   (a)  the person may give evidence or make an unsworn statement; and

   (b)  the person may raise any defence that could properly be raised if the
        proceedings were a trial for that offence; and

   (c)  the court may seek such other evidence, whether oral or in writing, as
        it considers likely to assist in determining the matter. Upon
        determining prima facie case, court to dismiss charge or to determine
        fitness within 12 months

"20BA. (1) Where the court determines that there has not been established a
prima facie case that the person committed the offence, the court must, by
order, dismiss the charge against the person and, if the person is in custody,
order the release of the person from custody.

"(2) Where the court determines that there has been established a prima facie
case that the person committed the offence, but the court is of the opinion,
having regard to:

   (a)  the character, antecedents, age, health or mental condition of the
        person; or

   (b)  the extent (if any) to which the offence is of a trivial nature; or

   (c)  the extent (if any) to which the offence was committed under
        extenuating circumstances; that it is inappropriate to inflict any
        punishment, or to inflict any punishment other than a nominal
        punishment, the court must, by order, dismiss the charge and, if the
        person is in custody, order the release of the person from custody.

"(3) Where the court orders that the person be released from custody, the
person must be released accordingly.

"(4) Where the court determines that there has been established a prima facie
case that the person committed the offence, but the court does not dismiss the
charge under subsection (2), the court must, as soon as practicable after
making that first-mentioned determination, determine whether, on the balance
of probabilities, the person will become fit to be tried, within the period of
12 months after the day the person was found to be unfit to be tried.

"(5) A court must not make a determination under subsection (4) unless the
court has obtained, and considered, written or oral evidence from a duly
qualified psychiatrist and one other duly qualified medical practitioner.

"(6) Nothing in subsection (5) prevents a court from obtaining written or oral
evidence from such other persons, bodies or organisations as the court
considers appropriate. Persons found by a court to be likely to be fit within
12 months

"20BB. (1) Where a court determines, under subsection 20BA (4), that a person
charged with a federal offence who was found unfit to be tried will become fit
to be tried within a period of 12 months after that finding, the court must,
at the time of making that determination, also determine:

   (a)  whether the person is suffering from a mental illness, or a mental
        condition, for which treatment is available in a hospital; and

   (b)  if so-whether the person objects to being detained in a hospital.

"(2) Where a court has made a determination under subsection (1), the court
must:

   (a)  where the court has determined that the person is suffering from a
        mental illness, or a mental condition, for which treatment is
        available in a hospital and that the person does not object to being
        detained in a hospital-order that the person be taken to and detained
        in a hospital, or continue to be detained in a hospital, as the case
        requires; or

   (b)  otherwise:

        (i)    order that the person be taken to and detained in a place other
               than a hospital (including a prison); or

        (ii)   grant the person bail on condition that the person live at an
               address or in a place specified by the court; for a period
               ending:

   (c)  when the person becomes fit to be tried; or

   (d)  when, as soon as practicable after the end of the 12 months referred
        to in subsection (1), the court makes an order under subsection 20BC
        (2) or (5) as applied under subsection (4); whichever happens first.

"(3) Where a court determines, under subsection 20BA (4), that a person
charged with a federal offence who was found unfit to be tried will become fit
to be tried within 12 months after that finding then, if the person becomes
fit within that period:

   (a)  if the person had been indicted on the charge before being found
        unfit-the proceedings on the indictment must be continued as soon as
        practicable; and

   (b)  if proceedings for the commitment of the person had been referred to
        the court under section 20B-those proceedings must be continued as
        soon as practicable as if they had not been so referred.

"(4) Where a court determines, under subsection 20BA (4), that a person who
was found unfit to be tried will become fit to be tried, within 12 months
after that finding but the person does not become fit within that period,
then, at the end of that period, subsections 20BC (2) and (5) apply as if the
court had originally determined, at that time, that the person would not
become fit to be tried and had made, under subsection 20BC (1), a further
determination of the kind that it made under subsection (1) of this section.

"(5) Where subsections 20BC (2) and (5) apply in relation to a person in the
circumstances set out in subsection (4), then:

   (a)  in an order under subsection 20BC (2) as so applied the court must, in
        fixing the period of detention, have regard to any period of detention
        already served under paragraph (2) (a) or (b) of this section; and

   (b)  in an order under subsection 20BC (5) as so applied the court must:

        (i)    in the case of a person already on bail-order, in lieu of the
               person's release from custody, the continuance of the person's
               release on bail; and

        (ii)   in fixing the period of the person's release for which
               conditions apply, have regard to any period of detention
               already served under paragraph (2) (a) or (b) of this section.

"(6) Where a court determines, under subsection 20BA (4), that a person who
was found unfit to be tried will become fit to be tried within 12 months after
that finding but the person does not become fit within that period, the
finding that there is, on the balance of probabilities, a prima facie case for
the commission of the offence charged acts as a stay against any proceedings,
or any further proceedings, against the person in respect of the offence.
Persons found by a court not to be likely to be fit within 12 months

"20BC. (1) Where a court determines, under section 20BA, that a person who was
found unfit to be tried will not become fit to be tried within 12 months after
that finding, the court must, at the time of making that determination, also
determine:

   (a)  whether the person is suffering from a mental illness, or a mental
        condition, for which treatment is available in a hospital; and

   (b)  if so-whether the person objects to being detained in a hospital.

"(2) Where a court has made a determination under subsection (1), the court
must:

   (a)  if the court has determined that the person is suffering from a mental
        illness, or a mental condition, for which treatment is available in a
        hospital and that the person does not object to being detained in a
        hospital-order that the person be taken to and detained in a hospital,
        or continue to be detained in a hospital, as the case requires; or

   (b)  otherwise-order that the person be detained in a place other than a
        hospital, including a prison; 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.

"(3) The Attorney-General may, at any time, by order in writing, vary the
hospital or other place of detention at which a person is detained under this
section.

"(4) 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 hospital or other place of detention of that person
but, where the officer does so, the officer must forthwith notify the
Attorney-General, in writing, of the variation and of the reasons for the
variation.

"(5) Despite subsection (2), the court may, if in the court's opinion it is
more appropriate to do so than to make an order under subsection (2), order
the person's release from custody either absolutely or subject to conditions
to apply for such period as the court specifies in the order, not exceeding 3
years.

"(6) The conditions may include:

   (a)  a condition that the person remain in the care of a responsible person
        nominated in the order; and

   (b)  a condition that the person attend upon a person nominated, or at a
        place specified, in the order for assessment of the person's mental
        illness, mental condition or intellectual disability and, where
        appropriate, for treatment; and

   (c)  any other condition that the court thinks fit.

"(7) Where a person has been released from custody subject to conditions, the
person or the Director of Public Prosecutions may, at any time, apply to the
court to vary those conditions.

"(8) Where a court determines, under subsection 20BA (4), that a person who
was found unfit to be tried will not become fit to be tried, within 12 months
after the finding, the finding that there is, on the balance of probabilities,
a prima facie case for the commission of the offence charged acts as a stay
against any proceedings, or any further proceedings, against the person, in
respect of the offence. Review by Attorney-General

"20BD. (1) Where a court makes an order under subsection 20BC (2), the
Attorney-General must, at least once in each period of 6 months after the day
the person is detained under the order, consider whether or not the person
should be released from detention.

"(2) In considering whether the person should be released from detention the
Attorney-General:

   (a)  must obtain and consider:

        (i)    a report from a duly qualified psychiatrist or psychologist;
               and

        (ii)   a report from another duly qualified medical practitioner; and

   (b)  may obtain and consider such other reports as the Attorney-General
        considers necessary; and

   (c)  must take into account any representations made to the
        Attorney-General by the person or on the person's behalf.
        Attorney-General may order release

"20BE. (1) The Attorney-General may, after considering under subsection 20BD
(1) whether or not the person should be released from detention, order that
the person be released from detention.

"(2) The Attorney-General must not order a person's release from detention
unless the Attorney-General is satisfied that the person is not a threat or
danger either to himself or herself or to the community.

"(3) An order:

   (a)  must be in writing; and

   (b)  remains in force for such period as is specified in the order (being a
        period equal to the balance of the period fixed by the court for
        detention under subsection 20BC (2)) or for a period of 5 years,
        whichever is the lesser; and

   (c)  is subject to such conditions (if any) as are specified in the order.

"(4) Without limiting the generality of paragraph (3) (c), the conditions that
may be specified in the order may include all or any of the following:

   (a)  a condition that the person reside at an address specified in the
        order;

   (b)  a condition that the person present himself or herself for such
        medical or psychiatric treatment as is specified in the order at such
        times as are specified in the order;

   (c)  a condition that the person undertake such medical or mental health
        therapy as is specified in the order;

   (d)  a condition that the person undertake such social, vocational or
        educational counselling as is specified in the order;

   (e)  a condition that the person participate in such programs relating to
        financial management, behaviour modification or inter-personal
        relationships as are specified in the order. Release order may be
        revoked

"20BF. (1) The Attorney-General may, by instrument in writing, revoke an order
made under subsection 20BE (1) (in this section called a 'release order') at
any time while that release order remains in force:

   (a)  if the person concerned has, during that period, failed, without
        reasonable excuse, to comply with a condition of the order; or

   (b)  if there are reasonable grounds for suspecting that the person has,
        during that period, failed, without reasonable excuse, so to comply;
        and, where the Attorney-General does so, the instrument of revocation
        must specify the condition of the order that the person has breached
        or is suspected of having breached.

"(2) Before revoking a release order, the Attorney-General must make all such
enquiries and call for all such reports as are reasonably necessary for the
purpose of determining whether the circumstances referred to in paragraph (1)
(a) or (b) apply.

"(3) Where a release order in relation to a person is revoked:

   (a)  a constable may arrest the person without warrant; or

   (b)  the Attorney-General 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 must 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 that
        State or Territory for such part of the period fixed by the court to
        be the period of detention under subsection 20BC (2) 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 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 20BF (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 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 the
variation.

"(4) Despite subsection (1), the court may, if in the court's opinion it is
more appropriate to do so than to make an order under subsection (1), order
the person's release from custody either absolutely or subject to conditions
to apply for such period as the court specifies in the order, not exceeding 3
years.

"(5) The conditions may include:

   (a)  a condition that the person remain in the care of a responsible person
        nominated in the order; and

   (b)  a condition that the person attend upon a person nominated, or at a
        place specified, in the order for assessment of the person's mental
        illness, mental condition or intellectual disability and, where
        appropriate, for treatment.

"(6) Where a person has been released from custody subject to conditions, the
person or the Director of Public Prosecutions may, at any time, apply to the
court to vary those conditions. Review by Attorney-General

"20BK. (1) Where, under subsection 20BJ (1), a court orders that a person be
detained in safe custody 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) In considering whether a person should be released from custody the
Attorney-General:

   (a)  must obtain and consider:

        (i)    a report from a duly qualified psychiatrist or psychologist;
               and

        (ii)   a report from another duly qualified medical practitioner; and

   (b)  may obtain and consider such other reports as the Attorney-General
        considers necessary; and

   (c)  must take into account any representations made to the
        Attorney-General by the person or on the person's behalf.
        Attorney-General may order release

"20BL. (1) The Attorney-General may, after considering under subsection 20BK
(1) whether or not the person should be released from custody, order that the
person be released from custody.

"(2) The Attorney-General must not order a person's release from detention
unless the Attorney-General is satisfied that the person is not a threat or
danger either to himself or herself or to the community.

"(3) An order:

   (a)  must be in writing; and

   (b)  remains in force for such a period as is specified in the order (being
        a period equal to the balance of the period fixed by the court for
        detention in safe custody under subsection 20BJ (1)) or for a period
        of 5 years, whichever is the lesser; and

   (c)  is subject to such conditions (if any) as are specified in the order.

"(4) Without limiting the generality of paragraph (3) (c), the conditions that
may be specified in the order may include all or any of the following:

   (a)  a condition that the person reside at an address specified in the
        order;

   (b)  a condition that the person present himself or herself for such
        medical or psychiatric treatment as is specified in the order at such
        times and places as are specified in the order;

   (c)  a condition that the person undertake such medical or mental health
        therapy as is specified in the order;

   (d)  a condition that the person undertake such social, vocational or
        educational counselling as is specified in the order;

   (e)  a condition that the person participate in such programs relating to
        financial management, behaviour modification or inter-personal
        relationships as are specified in the order. Release order may be
        revoked

"20BM. (1) The Attorney-General may, by instrument in writing, revoke an order
made under subsection 20BL (1) (in this section called a
'release order' ) at any time while that release order remains in force:

   (a)  if the person concerned has, during that period, failed, without
        reasonable excuse, to comply with a condition of the order; or

   (b)  if there are reasonable grounds for suspecting that the person has,
        during that period, failed, without reasonable excuse, so to comply;
        and, where the Attorney-General does so, the instrument of revocation
        must specify the condition of the order that the person has breached
        or is suspected of having breached.

"(2) Before revoking a release order, the Attorney-General must make all such
enquiries and call for all such reports as are reasonably necessary for the
purpose of determining whether the circumstances referred to in paragraph (1)
(a) or (b) apply.

"(3) Where a release order in relation to a person is revoked:

   (a)  a constable may arrest the person without warrant; or

   (b)  the Attorney-General 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).

"(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 subsection (1) in respect of a person
and a federal offence with which the person has been charged, the court must
not order under section 19B, 20, 20AB or 21B in respect of the person in
respect of the offence. Means by which court may be informed

"20BR. For the purposes of this Division, a court of summary jurisdiction may
inform itself as the court thinks fit, but not so as to require the person
charged to incriminate himself or herself.

"Division 9 - Sentencing alternatives for persons suffering from
mental illness or intellectual disability Hospital orders

"20BS. (1) Where a person is convicted in a State or Territory, on indictment,
of a federal offence and the court before which the person is convicted is
satisfied that:

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

   (b)  the illness contributed to the commission of the offence by the
        person; and

   (c)  appropriate treatment for the person is available in a hospital in
        that State or Territory; and

   (d)  the proposed treatment cannot be provided to the person other than as
        an inmate of a hospital in the State or Territory; the court may,
        without passing sentence on the person, make an order (in this section
        called a 'hospital order') that the person be detained in a hospital
        specified in the order for a period specified in the order for the
        purposes of receiving treatment specified in the order.

"(2) A court must not make a hospital order unless, but for the mental illness
of the person, the court would have sentenced the person to a term of
imprisonment.

"(3) A court must not specify a period of detention in a hospital that is
longer than the period of imprisonment to which the person would have been
sentenced had the hospital order not been made.

"(4) Where the court orders a person to be detained in a hospital for a
specified period, the court may fix a lesser period of detention during which
the person is not to be eligible to be released from the hospital.

"(5) Before reaching an opinion on the matters specified in subsection (1) in
relation to a person, the court must obtain and consider the reports of 2 duly
qualified psychiatrists with experience in the diagnosis and treatment of
mental illness.

"(6) A court may make a hospital order in respect of a person even if the
person is serving a federal sentence at the time when, under the order, the
person is to begin to be detained in hospital and, where a hospital order is
made in such circumstances:

   (a)  the hospital order is sufficient authority for the person to be
        detained outside the prison during the period of involuntary
        hospitalisation under the order; and

   (b)  the person is to be treated, for the purposes of that sentence, as
        serving that sentence during the period of involuntary hospitalisation
        under the order; and

   (c)  if the person is still liable to serve a part of that sentence when
        the hospital order ends or is discharged, the person is to be returned
        for that purpose to the prison where he or she was serving that
        sentence before the making of the order.

"(7) Subsection (4) does not enable a court, in the case of a person who is
serving a federal sentence at the time when the hospital order begins, to fix
a lesser period of detention ending:

   (a)  if a non-parole period has been fixed in respect of the
        sentence-before the end of that non-parole period; and

   (b)  otherwise-before the end of that sentence. Lesser periods of
        imprisonment fixed under hospital orders

"20BT. (1) Where a lesser period of detention is fixed under subsection 20BS
(4) in relation to a person detained in hospital under a hospital order, the
Attorney-General must, at the end of the lesser period, obtain and consider
the reports of 2 duly qualified psychiatrists with experience in the diagnosis
and treatment of mental illness so as to determine whether or not to release
the person from the detention.

"(2) Unless:

   (a)  either of the reports of the psychiatrists recommends that the person
        not be released because of a continuing need for hospital treatment;
        or

   (b)  the person continues, at the end of the lesser period of detention, to
        be required to serve a federal sentence of imprisonment that the
        person was serving at the time when the hospital order began; the
        Attorney-General must order the person to be released on such
        conditions (including conditions relating to release into the care of
        another person specified in the order) for the balance of the period
        of the hospital order as the Attorney-General considers appropriate
        having regard to the reports and to such other matters as he or she
        considers relevant.

"(3) Sections 20BM and 20BN apply in relation to a person released from
involuntary hospitalisation by order under subsection (2) as if:

   (a)  the order under that subsection were a release order made under
        subsection 20BL (1); and

   (b)  the references in each of those sections to detention in a prison or a
        hospital were references only to detention in a hospital; and

   (c)  the reference in subsection 20BM (5) to the period of detention in
        safe custody under subsection 20BJ (1) were a reference to the period
        of detention in a hospital specified in the order under subsection
        20BS (1). Discharge of hospital orders

"20BU. (1) Where a person is subject to a hospital order, the person or the
Director of Public Prosecutions may, at any time while the order is in force,
apply to the court that imposed the order to discharge the order and to impose
such other sentence as the court thinks appropriate, being a sentence that
could have been imposed when the order was made.

"(2) The court must not discharge a hospital order unless the court is
satisfied:

   (a)  that the person has sufficiently recovered from mental illness no
        longer to require involuntary hospitalisation; or

   (b)  that the mental illness will not respond or respond further to
        hospital treatment.

"(3) Where the court discharges a hospital order and imposes another sentence
instead of the order:

   (a)  the new sentence must commence on the date of commencement of the
        order; and

   (b)  the length of the new sentence must not exceed the length of the
        order; and

   (c)  if the sentence is a sentence of imprisonment-the person concerned is
        to be treated as having served that part of the sentence during which
        he or she was subject to involuntary hospitalisation.

"(4) Before reaching an opinion on the matters specified in subsection (2) in
relation to a person, the court:

   (a)  must obtain and consider the reports of 2 duly qualified psychiatrists
        with experience in the diagnosis and treatment of mental illness; and

   (b)  if the person has been released, under section 20BR, into the care of
        another person for the balance of the hospital order-must obtain and
        consider the report of that other person; and

"(5) An application under subsection (1) to the court that made a hospital
order may be dealt with by that court whether or not it is constituted in the
way in which it was constituted when the order was made.

   (c)  may obtain and consider such other information as it thinks relevant.
        Psychiatric probation orders

"20BV. (1) Where a person is convicted in a State or Territory of a federal
offence and the court is satisfied that:

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

   (b)  the illness contributed to the commission of the offence by the
        person; and

   (c)  appropriate psychiatric treatment for the person is available in a
        hospital or other place in the State or Territory; and

   (d)  the person consents to the order being made; the court may, without
        passing sentence on the person, make an order (in this section called
        a 'psychiatric probation order') that the person reside at, or attend
        at, a specified hospital or other place for the purpose of receiving
        that psychiatric treatment.

"(2) The court must not make an order unless the person, or the person's legal
guardian, consents to the proposed treatment.

"(3) An order is subject to the following additional conditions:

   (a)  that the person will, during such period, not exceeding 2 years, as
        the court specifies in the order, be subject to the supervision of a
        probation officer appointed in accordance with the order and obey all
        reasonable directions of a probation officer so appointed;

   (b)  that the person will be of good behaviour for such period, not
        exceeding 5 years, as the court specifies in the order.

"(4) The court may, on the application of the person, of the probation officer
appointed to supervise the person or of the person in charge of the hospital
or other place where the treatment is being undertaken, vary the treatment
that the person is to undertake. Breach of psychiatric probation orders

"20BW. (1) Where an order has been made under section 20BV and information is
laid before a magistrate, whether before or after the end of the period
referred to in paragraph 20BV (3) (a) or (b), alleging that the person has,
without reasonable excuse, failed to comply with a condition of the order, the
magistrate may:

   (a)  issue a summons directing the person to appear, on a date, and at a
        time and place, fixed in the summons, before the court by which the
        order was made; or

   (b)  if the information is laid on oath and the magistrate is of the
        opinion that proceedings against the person by summons might not be
        effective-issue a warrant for the arrest of the person.

"(2) Where:

   (a)  a person who is served with a summons issued under subsection (1)
        fails to attend before the court as required by the summons; or

   (b)  a person who has been admitted to bail under subsection (4) fails to
        attend before the court as required by the conditions of that bail;
        the court may issue a warrant for the arrest of the person.

"(3) A warrant for the arrest of a person issued under subsection (1) or (2)
also authorises the bringing of the person before the court as soon as
practicable after the person's arrest and the detention of the person in
custody until the person is released by order of the court or under subsection
(4).

"(4) Where a person is arrested under a warrant issued under subsection (1) or
(2) and the court before which the person is to be brought is not sitting at
the time of the arrest, the person must be brought before a magistrate who
may:

   (a)  remand the person to bail on such recognizance (with or without
        sureties) as the magistrate thinks fit and on the condition that the
        person appears before the court on such date, and at such time and
        place, as the magistrate specifies; or

   (b)  direct that the person be kept in custody in accordance with the
        warrant. Enforcement of psychiatric probation orders

"20BX. (1) Where a person who is subject to an order under section 20BV
appears before the court by which the order was made and the court is
satisfied that the person has, without reasonable excuse, failed to comply
with a condition of the order, the court may:

   (a)  without prejudice to the continuance of the order, impose a pecuniary
        penalty not exceeding $1,000 on the person; or

   (b)  discharge the order and make an order under section 20; or

   (c)  revoke the order and, subject to subsection (2), deal with the person
        for the offence in respect of which the order was made, in any way in
        which the person could have been dealt with for that offence if the
        order had not been made and the person was before the court for
        sentence in respect of the offence; or

   (d)  take no action.

"(2) Where a person who is subject to an order under section 20BV is dealt
with under subsection (1) for the offence in respect of which the order was
made, the court must, in so dealing with the person, in addition to any other
matters, take into account:

   (a)  the fact that the order was made; and

   (b)  anything done under the order; and

   (c)  any other order made in respect of the offence.

"(3) Where a person who has been released in accordance with an order under
section 20BV is dealt with under subsection (1) for the offence in respect of
which the order was made, the person has such rights of appeal in respect of
the way in which the person was dealt with for that offence as the person
would have if:

   (a)  the court had, immediately before so dealing with the person,
        convicted the person of the offence; and

   (b)  the manner in which the person is dealt with had been a sentence
        passed upon that conviction.

"(4) A pecuniary penalty imposed on a person under paragraph (1) (a) is to be
treated, for the purposes of the laws of the Commonwealth, and of the States
and Territories, with respect to the enforcement and recovery of fines ordered
to be paid by offenders, as a fine imposed on the person because of the
person's conviction for an offence against a law of the Commonwealth. Program
probation orders

"20BY. (1) Where a person is convicted in a State or Territory of a federal
offence and the court before which the person is convicted is satisfied that:

   (a)  the person is suffering from an intellectual disability; and

   (b)  the disability contributed to the commission of the offence by the
        person; and

   (c)  an appropriate education program or treatment is available for the
        person in that State or Territory; the court may, without passing
        sentence on the person, order that the person be released, on
        condition that the person undertake the program or treatment specified
        in the order for a period specified in the order.

"(2) Subsections 20BV (2), (3) and (4) and sections 20BW and 20BX apply to a
person in respect of whom an order has been made under subsection (1) of this
section in the same way as they apply to a person in respect of whom an order
has been made under subsection 20BV (1) and, for that purpose, references in
those provisions to treatment have effect as if they were references to an
education program or treatment of the kind referred to in subsection (1) of
this section.
                   "Division 10-Miscellaneous''