Northern Territory Numbered Acts

VOLATILE SUBSTANCE ABUSE PREVENTION AMENDMENT ACT 2009 (NO 37 OF 2009) - SECT 9

After section 70

insert

Part 8     Transitional matters for Volatile Substance Abuse Prevention Amendment Act 2009

71     Definitions

In this Part:

"commencement day" means the day on which this section commences.

"repealed", in relation to a provision mentioned in this Part, means the provision of this Act as in force immediately before the commencement day.

"substituted", in relation to a provision mentioned in this Part, means the provision substituted by the Volatile Substance Abuse Prevention Amendment Act 2009 .

72     Request for treatment order undecided by Minister

    (1)     This section applies if:

    (a)     the Minister received a request under repealed section 33 to apply for a treatment order in relation to a person believed to be at risk of severe harm ( the relevant person ); and

    (b)     before the commencement day, the Minister had not made a decision under repealed section 34 about whether or not to apply for a treatment order in relation to the relevant person.

    (2)     Repealed Part 3 continues to apply in relation to the following matters that are applicable:

    (a)     an assessment of the relevant person;

    (b)     an application for and the issuing of a warrant to take the relevant person for an assessment;

    (c)     the decision about whether or not to apply for a treatment order in relation to the relevant person;

    (d)     the making and hearing of an application for a treatment order in relation to the relevant person, the exercise of the Court's jurisdiction in relation to the application, and the making of a treatment order.

    (3)     However, if a treatment order is made in relation to the relevant person:

    (a)     the Chief Health Officer may:

        (i)     apply under substituted section 36(1) for a further treatment order in relation to the relevant person after the procedures under substituted Part 3, Division 2, have been followed; or

        (ii)     apply under substituted section 37(1) for an order in connection with the treatment order as if the treatment order had been made under substituted Part 3, Division 3; and

    (b)     the relevant provisions of substituted Part 3, Division 3, apply in relation to the application and the further treatment order or other order mentioned in paragraph (a).

73     Court applications undecided under repealed provisions

    (1)     If the Minister made an application under repealed section 36(1) and the application was not determined before the commencement day, repealed Part 3, Division 3, continues to apply in relation to the application.

    (2)     However, if the Court makes a treatment order under repealed Part 3, Division 3, for a person at risk:

    (a)     the Chief Health Officer may:

        (i)     apply under substituted section 36(1) for a further treatment order in relation to the person at risk after the procedures under substituted Part 3, Division 2, have been followed; or

        (ii)     apply under substituted section 37(1) for an order in connection with the treatment order as if the treatment order had been made under substituted Part 3, Division 3; and

    (b)     the relevant provisions of substituted Part 3, Division 3, apply in relation to the application and the further treatment order or other order mentioned in paragraph (a).