Australian Capital Territory Repealed Acts

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This legislation has been repealed.

SEXUALLY TRANSMITTED DISEASES ACT 1956 (REPEALED) - SECT 8

Apprehension of person failing to attend for examination

    (1)     This section applies to a person if—

        (a)     the person is given a notice under section 7 (Notice requiring medical examination); and

        (b)     the person fails to comply with the notice.

    (2)     On application by the chief health officer, the Magistrates Court may issue a warrant for the person's apprehension.

    (3)     A warrant issued under this section authorises a police officer named in the warrant with the assistance that the police officer considers necessary, to apprehend the person named in the warrant.

    (4)     If the person named in a warrant issued under this section is a woman, the warrant shall, if practicable, be directed to a police officer who is a woman.

    (5)     The police officer who apprehends a person under a warrant issued under this section shall forthwith notify the chief health officer accordingly.

    (6)     The chief health officer shall, on the receipt of notification by a police officer of the apprehension of a person under this section—

        (a)     fix a time and place for the person to be examined by a doctor, or authorised nurse practitioner, appointed by the chief health officer; and

Note 1     For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.

Note 2     In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

        (b)     advise that police officer accordingly.

    (7)     A person apprehended under this section may be detained in a hospital or another place approved by the chief health officer until the time for examination fixed under subsection (6).

    (8)     The police officer who has been advised of the time and place of examination of a person fixed under subsection (6) shall bring that person to the place, and at the time, so fixed.

    (9)     If a person apprehended under this section refuses to be examined by a doctor or authorised nurse practitioner as mentioned in subsection (6) (a), the doctor or nurse practitioner may forcibly examine the person, with any assistance the doctor or nurse practitioner considers necessary.



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