Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) If an accused is charged with a serious offence and is found not guilty because of mental impairment, the Magistrates Court shall order that the accused be detained in custody until the ACAT orders otherwise unless, in consideration of the criteria for detention in section 308, it is satisfied that it is more appropriate to order that the accused submit to the jurisdiction of the ACAT to enable the ACAT to make a mental health order.
(2) If the Magistrates Court is satisfied as mentioned in subsection (1), it shall make an order accordingly.