Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 45A

    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).