Australian Capital Territory Numbered Acts

MENTAL HEALTH AMENDMENT ACT 2023 (NO. 44 OF 2023) - SECT 21

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Chapter 20     Transitional—Mental Health Amendment Act 2023

300     Meaning of commencement day —ch 20

In this chapter—

"commencement day" means the day the Mental Health Amendment Act 2023 , section 3 commences.

301     Contravention of mental health order before commencement day

    (1)     This section applies if—

        (a)     a person contravened a mental health order in force immediately before the commencement day in relation to the person; and

        (b)     section 78 (Contravention of mental health order—absconding from facility) does not apply to the contravention; and

        (c)     the relevant official for the order did not take action under section 77 (2) as in force immediately before the commencement day in relation to the contravention.

    (2)     Section 77 applies in relation to the contravention.

302     Contravention of forensic mental health order before commencement day

    (1)     This section applies if—

        (a)     a person contravened a forensic mental health order in force immediately before the commencement day in relation to the person; and

        (b)     section 125 (Contravention of forensic mental health order—absconding from facility) does not apply to the contravention; and

        (c)     the relevant official for the order did not take action under section 124 (2) as in force immediately before the commencement day in relation to the contravention.

    (2)     Section 124 applies in relation to the contravention.

303     ACAT order not made before commencement day

    (1)     This section applies if—

        (a)     the ACAT was required to review a person's detention and consider the person's release under section 180 (2) as in force immediately before the commencement day; and

        (b)     the ACAT did not make an order in relation to the person.

    (2)     Section 180 applies in relation to the ACAT's review of the person's detention and consideration of the person's release.

304     Expiry—ch 20

This chapter expires 2 years after the commencement day.

Note     A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act

, s 88).