Mental Health (Compulsory Assessment and Treatment) Act 1992

122A Certain sections of Crimes Act 1961 apply to powers to take and retake

Sections 32(1), 38(4)(d), 40(2), 41(4), 41(5), 41(6), 50(4), 51(3), 53, 109(1), 109(4), 110C(2), 111(2), and 113A contain a power to take or retake a person, a proposed patient, or a patient. In respect of each of these powers, sections 30, 31, and 34 of the Crimes Act 1961 apply—

(a)

as if the power were a power of arrest; and

(b)

with any necessary modifications.

Section 122A: inserted, on 1 April 2000, by section 68 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).