Crimes Act 1914

Part IB - Sentencing, imprisonment and release of federal offenders  

Division 7 - Acquittal because of mental illness  

SECTION 20BM   Release order may be revoked  

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(b) the release order has been revoked and the revocation is still in force;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