Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where a direction has been given under section 145, 158 or 164 that a person be kept in strict custody until the pleasure of the Governor - General is known, the Governor - General may, by writing signed by him or her, order that the person be detained in safe custody in such place and in accordance with such directions, if any, as the Governor - General specifies in the order.
(2) The Governor - General may, from time to time, by writing signed by him or her, vary an order made under subsection (1), either as to the place specified in the order or the directions so specified, or as to both, in such manner as the person thinks fit.
(3) The Governor - General may, by writing signed by him or her, order that a person detained in safe custody in pursuance of an order made under subsection (1) (being a person who, by reason of unsoundness of mind, has been acquitted of the service offence with which he or she was charged) be released from custody either unconditionally or subject to such conditions as are specified in the order.
(4) Where the Governor - General orders that a person be released from custody subject to conditions, the Governor - General may, at any time, by writing signed by him or her:
(a) vary or revoke any or all of the conditions or impose additional conditions; or
(b) revoke the order.
(5) Where an order in respect of a person under subsection (3) is revoked or the person fails to comply with a condition of such an order, the person may, without warrant, be arrested by any constable and may be detained in safe custody in accordance with the order made in respect of the person under subsection (1) as if the order under subsection (3) had not been made.
(6) Upon the Governor - General making an order under subsection (3) that a person be released from custody unconditionally or upon the Governor - General revoking all the conditions subject to which a person has been released from custody in pursuance of an order made under that subsection, the order made under subsection (1) in respect of the person ceases to have effect.
(7) Where an order is made under subsection (1) in respect of a person who, by reason of unsoundness of mind, is unfit to be tried, he or she shall be detained until the Governor - General is satisfied by the certificate in writing of not less than 2 medical practitioners that the person has become of sound mind and is fit to be tried, and, upon the Governor - General being so satisfied, the Governor - General may, by writing signed by him or her, refer the charge to the Director of Military Prosecutions and, pending the decision of the Director of Military Prosecutions under section 103, order the removal of the person to such custody as is specified in the order.
(8) For the purposes of the preceding provisions of this section, Governor - General means the Governor - General acting with the advice of the Attorney - General.
(9) The Governor - General may make arrangements with the Governor of a State or the Administrator of the Northern Territory for or in relation to the detention in institutions maintained by the State or the Northern Territory, as the case may be, of persons in respect of whom orders are made under subsection (1).