Victorian Current Acts Victorian Current ActsS. 73J(1) amended by Nos 29/2010 s. 34, 15/2015 s. 37(30).
(1) The Secretary to the Department of Health and Human Services may apply to the Magistrates' Court for a warrant to arrest a person if the Secretary reasonably believes that—
(a) the person—
(i) has, in another State, been found unfit to stand trial for, or not guilty because of mental impairment or other mental condition of, an offence that, if committed in Victoria, would be an indictable offence; and
(ii) is subject to an interstate supervision order or on remand awaiting the making of such an order; and
(b) the person is in Victoria; and
(c) the person could be apprehended in the relevant State, if the person were still in that State, because he or she—
(i) is absent without leave or other lawful authority from a mental health facility in the relevant State; or
(ii) is in breach of an interstate supervision order that is non-custodial in nature; and
(d) one of the following applies—
(i) the person cannot be lawfully apprehended in Victoria because a warrant to apprehend or arrest the person has not been or cannot be issued in the relevant State, or such a warrant cannot be executed in Victoria; or
S. 73J(1)(d)(ii) amended by Nos 26/2014 s. 451, 39/2022 s. 819.
(ii) the person cannot be lawfully apprehended in Victoria under section 608 of the Mental Health and Wellbeing Act 2022 ; or
(iii) although the person could be lawfully apprehended in Victoria, the person would not be able to be returned to the relevant State following the apprehension.
(2) For the purposes of subsection (1)(c)(i), a person is taken to be absent without lawful authority from a mental health facility in a relevant State if the person did not return to the facility when required to do so under a law of that State.
S. 73J(3) amended by No. 6/2018 s. 68(Sch. 2 item 36.4).
(3) If the Magistrates' Court is satisfied by evidence on oath or by affirmation or by affidavit, of the matters specified in paragraphs (a) to (d) of subsection (1), the court may order that a warrant to arrest be issued against the person who is the subject of the application.
(4) Despite section 64(2)(a) of the Magistrates' Court Act 1989 , a person arrested under a warrant issued under this section must be brought before the Magistrates' Court on the day of his or her arrest or on the next sitting day of the court.
S. 73K inserted by No. 7/2002 s. 30.