• Specific Year
    Any

CRIMINAL CODE AMENDMENT (MENTAL IMPAIRMENT AND UNFITNESS FOR TRIAL) ACT 2010 (NO 33 OF 2010) - SECT 8 Section 43ZA amended

CRIMINAL CODE AMENDMENT (MENTAL IMPAIRMENT AND UNFITNESS FOR TRIAL) ACT 2010 (NO 33 OF 2010) - SECT 8

Section 43ZA amended

(1)     Section 43ZA(1)(a)(ii)

omit, insert

        (ii)     subject to subsection (3) – in another place (an appropriate place ) the court considers appropriate; or

(2)     After section 43ZA(2)

insert

    (2A)     Without limiting subsection (1), the court may decide a supervision order is subject to the condition that a person (an authorised person ) authorised by the CEO (Health) may use any reasonable force and assistance:

    (a)     to enforce the order; and

    (b)     without limiting paragraph (a) – to take the accused person into custody, or to restrain the accused person, in order to prevent the accused person harming himself or herself or someone else.

    (2B)     The CEO (Health):

    (a)     must, by Gazette notice, make supervision directions about:

(i)     the qualifications of an authorised person; and

        (ii)     the reporting by an authorised person of any use of force or assistance for subsection (2A); and

    (b)     may, in the supervision directions, provide for any other matters about the use of such force and assistance as decided by the CEO (Health).

    (2C)     An authorised person may use reasonable force or assistance as provided in subsection (2A) only in accordance with the supervision directions.

(3)     Section 43ZA(3)

omit

the chief executive officer of the Department of Health and Community Services

insert

the CEO (Health)