(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.
20BW Breach of psychiatric probation orders
(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).
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(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.
20BX Enforcement of psychiatric probation orders
(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 10 penalty units 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.
20BY Program probation orders
(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 9A—Sharing information relevant to federal offenders
20BZ Definitions
In this Division:
authorised officer means:
(a) the Attorney‑General; or
(b) the Secretary of the Department.
Note: The Attorney‑General’s powers and functions under this Division may be delegated under section 17 of the Law Officers Act 1964. The Secretary’s powers and functions under this Division may be delegated under section 20BZC of this Act.
relevant person means any of the following:
(a) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979);
(b) a member of the police force or police service of a State or Territory;
(c) a person who exercises powers under, or performs functions or duties in connection with, any of the following:
(i) the Australian Crime Commission Act 2002;
(ii) the Crime Commission Act 2012 (NSW);
(iii) the Independent Commission Against Corruption Act 1988 (NSW);
(iv) the Law Enforcement Conduct Commission Act 2016 (NSW);
(v) the Independent Broad‑based Anti‑corruption Commission Act 2011 (Vic.);
(vi) the Crime and Corruption Act 2001 (Qld);
(vii) the Corruption and Crime Commission Act 2003 (WA);
(viii) the Independent Commission Against Corruption Act 2012 (SA);
(ix) the Integrity Commission Act 2009 (Tas.);
(d) the Director of Public Prosecutions or a person performing a similar function under a law of a State or Territory;
(e) a member of the staff of the Office of the Director of Public Prosecutions (within the meaning of the Director of Public Prosecutions Act 1983) or of a similar body established under a law of a State or Territory;
(f) an officer or employee of a State or Territory, or of an authority of a State or Territory, whose duties relate to corrective services (including prison medical services), justice or parole;
(g) a person who provides services for, or on behalf of, a State or Territory, or an authority of a State or Territory, in relation to corrective services (including prison medical services), justice or parole;
(h) an officer of Customs;
(i) an officer or employee of a Department responsible for administering:
(i) the Australian Passports Act 2005; or
(ii) the Defence Force Discipline Act 1982; or
(iii) the Migration Act 1958;
(j) a member of the Defence Force;
(k) a staff member (within the meaning of the Australian Securities and Investments Commission Act 2001);
(l) a taxation officer (within the meaning of Schedule 1 to the Taxation Administration Act 1953);
(m) an officer or employee of the State Debt Recovery Office of New South Wales, or of a similar body established under a law of a State or Territory;
(n) the Registrar or another appropriate officer of a court;
(o) a person who performs functions or duties in connection with a superannuation scheme (within the meaning of the Crimes (Superannuation Benefits) Act 1989) of a person who is or was an employee (within the meaning of that Act);
(p) a practitioner (within the meaning of Part VAA of the Health Insurance Act 1973) who has provided services (within the meaning of that Part) to a federal offender.
20BZA Authorised officers may request or require information relevant to federal offenders
Requesting information to be given
(1) An authorised officer may request a relevant person, or a person prescribed by regulation for the purposes of this subsection, to give the officer information that the officer reasonably believes to be relevant to:
(a) the administration or execution of:
(i) this Part; or
(ii) section 15A (enforcement of fines); or
(iii) Division 5 (escape from criminal detention) of Part III; or
(iv) the Crimes (Superannuation Benefits) Act 1989; or
(v) the Transfer of Prisoners Act 1983; or
(b) the exercise of a power under, or the performance of a function or duty in connection with, a law of a State or Territory applied by paragraph 68(1)(d) of the Judiciary Act 1903 (procedure for hearing and determining appeals arising out of trials, convictions and connected proceedings); or
(c) the exercise of the Royal prerogative of mercy by the Crown in right of the Commonwealth.
(2) The request need not be in writing.
Requiring information to be given
(3) An authorised officer may, by written notice, require a relevant person, or a person prescribed by regulation for the purposes of this subsection, to give the officer information of a kind mentioned in subsection (1).
(4) A person given a notice under subsection (3) must, as soon as practicable after the notice is given, comply with it to the extent that he or she has, or can reasonably acquire, the information.
(5) Subsection (4) applies despite any other law of the Commonwealth, a State or a Territory (whether written or unwritten).
(6) Despite subsection (4), the Registrar or another officer of a court is not required to comply with a notice given under subsection (3) to the extent that the information relates to proceedings that have not been finally determined by the court.
20BZB Authorised officers may disclose federal offender information
(1) An authorised officer may disclose federal offender information to a relevant person if the officer reasonably believes that the disclosure is necessary to enable the relevant person to exercise the person’s powers, or to perform the person’s functions or duties.
(2) An authorised officer may disclose federal offender information to a person prescribed by regulation for the purposes of this subsection in a circumstance prescribed by regulation in relation to the person.
(3) Subsections (1) and (2) apply despite any other law of the Commonwealth, a State or a Territory (whether written or unwritten).
(4) In this section:
federal offender information means:
(a) information acquired by an authorised officer, or an APS employee in the Department, in the exercise of a power under, or the performance of a function or duty in connection with:
(i) this Part; or
(ii) section 15A (enforcement of fines); or
(iii) Division 5 (escape from criminal detention) of Part III; or
(iv) the Crimes (Superannuation Benefits) Act 1989; or
(v) the Transfer of Prisoners Act 1983; or
(vi) a law of a State or Territory applied by paragraph 68(1)(d) of the Judiciary Act 1903 (procedure for hearing and determining appeals arising out of trials, convictions and connected proceedings); or
(b) information acquired by an authorised officer in the performance of a function or duty in connection with the exercise of the Royal prerogative of mercy by the Crown in right of the Commonwealth.
20BZC Delegation
The Secretary of the Department may, in writing, delegate any of his or her powers or functions under this Division to an APS employee in the Department who performs duties in connection with:
(a) the administration or execution of:
(i) this Part; or
(ii) section 15A (enforcement of fines); or
(iii) Division 5 (escape from criminal detention) of Part III; or
(iv) the Crimes (Superannuation Benefits) Act 1989; or
(v) the Transfer of Prisoners Act 1983; or
(b) a law of a State or Territory applied by paragraph 68(1)(d) of the Judiciary Act 1903 (procedure for hearing and determining appeals arising out of trials, convictions and connected proceedings); or
(c) the exercise of the Royal prerogative of mercy by the Crown in right of the Commonwealth.
Division 10—Miscellaneous
20C Offences by children and young persons
A child or young person who, in a State or Territory, is charged with or convicted of an offence against a law of the Commonwealth may be tried, punished or otherwise dealt with as if the offence were an offence against a law of the State or Territory.
21B Reparation for offences
(1) Where:
(a) a person is convicted of a federal offence; or
(b) an order is made under section 19B in relation to a federal offence committed by a person;
the court may, in addition to the penalty, if any, imposed upon the person, order the offender:
(c) to make reparation to the Commonwealth or to a public authority under the Commonwealth, by way of money payment or otherwise, in respect of any loss suffered, or any expense incurred, by the Commonwealth or the authority, as the case may be, by reason of the offence; or
(d) to make reparation to any person, by way of money payment or otherwise, in respect of any loss suffered, or any expense incurred, by the person by reason of the offence.
(2) A person is not to be imprisoned for a failure to pay an amount required to be paid under an order made under subsection (1).
(3) Where:
(a) the court orders a federal offender to make reparation to the Commonwealth, to a public authority of the Commonwealth or to any other person by way of payment of an amount of money; and
(b) the clerk, or other appropriate officer, of the court signs a certificate specifying:
(i) the amount of money to be paid by way of reparation; and
(ii) the identity of the person to whom the amount of money is to be paid; and
(iii) the identity of the person by whom the amount is to be paid; and
(c) the certificate is filed in a court (which may be the first‑mentioned court) having civil jurisdiction to the extent of the amount to be paid;
the certificate is enforceable in all respects as a final judgment of the court in which it is filed in favour of the Commonwealth, of that public authority or of that person.
21D Prerogative of mercy and other Commonwealth laws unaffected
(1) Nothing in this Part shall be construed as affecting the powers vested in the Governor‑General in the exercise of the Royal prerogative of mercy.
(2) This Part does not affect the operation of any other law of the Commonwealth, or of any law in force in a Territory, relating to the release of offenders.
21F Prescribed authorities and parole officers
(1) Subject to subsection (2), the Governor‑General may arrange with the Governor of a State, the Australian Capital Territory Executive or the Administrator of the Northern Territory:
(a) for the performance by persons who hold office as Magistrates in that State or Territory of the functions of a prescribed authority under this Part; and
(b) for the performance by officers of that State or Territory of the functions of a parole officer under this Part.
(2) Subsection (1) does not authorise an arrangement of the kind referred to in paragraph (1)(a) to be entered into between the Governor‑General and the Australian Capital Territory Executive before 1 July 1990.
(3) The Attorney‑General may appoint persons appointed or engaged under the Public Service Act 1999 to be parole officers for the purposes of this Part.
(4) Notice of an arrangement under subsection (1) must be published in the Gazette.
(5) In this section:
State does not include the Australian Capital Territory or the Northern Territory.
22 Conditions etc. that a court may impose on certain offenders
(1) Where a court makes a relevant order or passes a relevant sentence in respect of a person charged with, or convicted of:
(a) an offence against a law of the Commonwealth or of a Territory, being an offence that is a serious drug offence; or