Australian Capital Territory Consolidated Regulations

MENTAL HEALTH (TREATMENT AND CARE) REGULATION 2003 - NOTES

(see s 3)

Note 1     The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     doctor

              •     under.

Note 3     Terms used in this regulation have the same meaning that they have in the Mental Health (Treatment and Care) Act 1994 (see Legislation Act, s 148). For example, the following term is defined in the Mental Health (Treatment and Care) Act 1994, section 4:

              •     mental health officer.

"interstate agreement" means any of the following agreements about the interstate application of mental health laws:

        (a)     the agreements dated 8 July 2002 and 23 November 2010 between the Minister for Health for the ACT and the Minister for Health of the State of Victoria (the Victorian agreement);

        (b)     the agreement dated 30 August 2002 between the Minister for Health for the ACT and the Minister for Health of the State of Queensland (the Queensland agreement);

        (c)     the agreement dated 6 May 2004 between the Minister for Health for the ACT and the Minister for Health of the State of Queensland (also the Queensland agreement);

        (d)     the agreement dated 18 November 2003 between the Minister for Health for the ACT and the Minister for Health of the State of New South Wales (the "New South Wales agreement").

"interstate apprehension order" means an interstate apprehension order under an interstate agreement.

"NSW Act" means the Mental Health Act 1990 (NSW).

"Queensland Act" means the Mental Health Act 2000 (Qld).

"Victorian Act" means the Mental Health Act 1986 (Vic).

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

3     Legislation history

This regulation was originally the Mental Health (Treatment and Care) Regulations 2003. It was renamed under the Legislation Act 2001.

Mental Health (Treatment and Care) Regulation 2003 SL2003-47

notified LR 15 December 2003

s 1, s 2 commenced 16 December 2003 (LA s 75 (1))

remainder commenced 16 December 2003 (s 2)

as amended by

Mental Health (Treatment and Care) Amendment Regulations 2004 (No 1) SL2004-33

notified LR 16 August 2004

s 1, s 2 commenced 16 August 2004 (LA s 75 (1))

remainder commenced 17 August 2004 (s 2)

Mental Health (Treatment and Care) Amendment Regulation 2011 (No 1) SL2011-14

notified LR 2 June 2011

s 1, s 2 commenced 2 June 2011 (LA s 75 (1))

remainder commenced 3 June 2011 (s 2)

Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.39

notified LR 28 November 2011

s 1, s 2 commenced 28 November 2011 (LA s 75 (1))

sch 3 pt 3.39 commenced 12 December 2011 (s 2)

4     Amendment history

Name of regulation
s 1     am R3 LA

Commencement
s 2     om LA s 89 (4)

Notification of interstate agreements
s 5     om A2011-52 amdt 3.144

Interstate custodial patients—Act, s 48D (2)
s 7     am SL2004-33 s 4; pars renum R2 LA (see SL2004-33 s 5); SL2011-14 s 4; pars renum R4 LA

Dictionary
dict     def interstate agreement am SL2004-33 s 6; pars renum R2 LA (see SL2004-33 s 7); SL2011-14 s 5

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 16 Dec 2003	16 Dec 2003– 16 Aug 2004	not amended	new regulation
R2 17 Aug 2004	17 Aug 2004– 1 Nov 2004	SL2004-33	amendments by A2004-33
R3 2 Nov 2004	2 Nov 2004– 2 June 2011	SL2004-33	includes editorial amendments under Legislation Act
R4 3 June 2011	3 June 2011– 11 Dec 2011	SL2011-14	amendments by SL2011-14

© Australian Capital Territory 2011

Australian Capital Territory

SL2003-47

Republication No 5

Effective: 12 December 2011

Republication date: 12 December 2011

Last amendment made by A2011-52




Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Mental Health (Treatment and Care) Regulation 2003

, made under the Mental Health (Treatment and Care) Act 1994

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 December 2011

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 12 December 2011

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Mental Health (Treatment and Care) Regulation 2003

Endnotes9

Mental Health (Treatment and Care) Regulation 2003