Australian Capital Territory Consolidated Acts

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MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 48Q

Apprehension of interstate persons absent without leave or in breach of orders

    (1)     Where a person—

        (a)     is the subject of a warrant, order or other document recognised in the ACT under section 48P; or

        (b)     is otherwise liable to be apprehended, under a provision of a corresponding law under which the person may be apprehended and taken to a health facility;

the person may be apprehended at any time—

        (c)     by a police officer; or

        (d)     by a person who is authorised to do so by the regulations or under a provision of a corresponding law of the other State.

    (2)     A person who has been apprehended under this section may be—

        (a)     conveyed to and detained in an approved health facility in the ACT; or

        (b)     where it is permitted by a corresponding law of the other State concerned—conveyed to that State and there dealt with in accordance with the corresponding law.

    (3)     This Act applies to a person conveyed to and detained in an approved health facility under subsection (2) (a) as if the person were first detained at the facility in accordance with section 41 at the time of admission to the facility.



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