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Contents (2007 - 8)
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Mental Health Act 2007 No 8
Current version for 28 November 2018 to date (accessed 19 November 2019 at 12:02)
177   Admission of interstate persons to mental health facilities in this State
(cf 1990 Act, s 286I)
(1)  A person who may be taken to and detained in a mental health facility in another State under a corresponding law of that State may instead be taken to and detained in a declared mental health facility in this State.
(2)  A person may be taken to a declared mental health facility in this State under this section by:
(a)  a person who is authorised by this Act or the Mental Health (Forensic Provisions) Act 1990 to take a person to a declared mental health facility, or to apprehend a person and take the person to a declared mental health facility, if this is permitted by or under the law of the other State, or
(b)  any other person who is authorised to do so by the regulations or under a provision of a corresponding law of the other State.
(3)  The regulations may make provision for or with respect to the following matters:
(a)  the handing over of custody of a person referred to in subsection (1) to persons in this State,
(b)  the persons (including interstate persons) who may take any such person to a declared mental health facility in this State under this section,
(c)  the declared mental health facilities to which a person may be taken under this section.