565Warrant to arrest interstate security patient who absconds to Victoria

565 Warrant to arrest interstate security patient who absconds to Victoria

(1) The Health Secretary may apply to a magistrate for a warrant to arrest a person if the Secretary is satisfied that—

(a) the person is an interstate security patient; 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 the person is absent without leave or other lawful authority from a mental health facility in the relevant State; 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;

(ii) the person cannot be lawfully apprehended in Victoria under section 608;

(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), 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.

(3) If the magistrate is satisfied by evidence on oath or by affirmation (whether oral or by affidavit) of the matters specified in subsection (1)(a) to (d), the magistrate may order that a warrant to arrest be issued against the person who is the subject of the application.

(4) Except as provided by this Act, the rules to be observed with respect to arrest warrants under the Magistrates' Court Act 1989 extend and apply to arrest warrants under this section.

(5) 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 that person's arrest or on the next sitting day of the court.