10ARelease of criminal lunatics

#### 10A Release of criminal lunatics (1) Where a criminal lunatic (being a person who was found to be insane at the time of the commission of the offence with which he or she was charged but not being a person to whom subsection (1) of section twenty B of the Crimes Act 1914‑1960 applies) has been removed to a State or Territory in pursuance of this Act, the Governor‑General may, by writing under his or her hand, order that he or she be released from custody either unconditionally or subject to such conditions as are specified in the order. (2) Where, under the last preceding subsection, the Governor‑General orders that a person be released from custody subject to conditions, the Governor‑General may, at any time, by writing under his or her hand: (a) vary or revoke all or any of the conditions or impose additional conditions; or (b) except where the Governor‑General has revoked all the conditions—revoke the order. (3) Where an order made in respect of a person under subsection (1) of this section 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 custody as if the order under subsection (1) of this section had not been made. (4) Upon the Governor‑General making an order under subsection (1) of this section that a person be released from custody unconditionally or upon the Governor‑General revoking all the conditions applicable to an order under which a person has been released from custody, this Act, and any law of the Territory from which he or she was removed that authorizes his or her detention in custody by reason of his or her having been found to be insane at the time of the commission of the offence with which he or she was charged, ceases to apply to him or her in relation to that offence. (5) For the purposes of this section, the Governor‑General means the Governor‑General acting with the advice of the Minister.