South Australian Current Acts

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MENTAL HEALTH ACT 2009 - SECT 78

78—Transport to South Australia of persons with apparent mental illness

        (1)         This section applies if—

            (a)         a person has been taken into the care and control of an interstate officer under a corresponding law because of the person's apparent mental illness; and

            (b)         instead of action being taken for medical examination of the person under the corresponding law, the person is to be—

                  (i)         transported to a South Australian treatment centre or other place in South Australia for medical examination; or

                  (ii)         delivered into the care and control of a South Australian authorised officer (whether in or outside South Australia) for the purpose of the person's transport to a South Australian treatment centre or other place in South Australia for medical examination.

        (2)         A South Australian authorised officer or an interstate authorised officer may, for the purpose of the person's transport to a South Australian treatment centre or other place in South Australia for medical examination

            (a)         exercise the powers of an authorised officer under Part 9; and

            (b)         if the officer is a police officer (however described) in South Australia or another jurisdiction—exercise the powers of a police officer under Part 9,

(and the provisions of Part 9, including section 60, will apply for the purpose with necessary modifications).



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