Australian Capital Territory Consolidated Acts

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MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 47

Duty to release

    (1)     A person in charge of an approved mental health facility shall ensure that a person detained at that facility under section 41 (1) or (2)—

        (a)     is released in accordance with an order under section 46; or

        (b)     if no such order is made and subject to any other order of the ACAT—is released at the expiration of the period of detention authorised under section 41 (1) or (2).

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (2)     If the person in charge of an approved mental health facility is notified under section 46 (2), he or she shall, as soon as practicable, discharge the person to whom the notification relates into the custody of a police officer.



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