Western Australian Current Acts

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MENTAL HEALTH ACT 2014 - SECT 166

166 .         Dealing with articles seized when person apprehended

        (1)         This section applies in relation to an article that is seized under section 159(2)(c) from a person who is apprehended under section 99(a), 149(1)(a) or 156(1).

        (2)         The article must be dealt with —

            (a)         under subsection (3)(a) or (b); or

            (b)         otherwise according to law.

        (3)         The article must be —

            (a)         given to, as the case requires —

                  (i)         the person in charge of the mental health service or other place referred to in section 165(1)(b)(i), (ii) or (iv) when the person is received there; or

                  (ii)         the medical practitioner or authorised mental health practitioner referred to in section 165(1)(b)(ii) when the person is delivered into the practitioner’s care;

                or

            (b)         if the person is released without being taken to a mental health service or other place or delivered into the care of a medical practitioner or authorised mental health practitioner — returned to the person when the person is released.

        (4)         A person who deals with an article under subsection (2)(a) or (b) must, as soon as practicable —

            (a)         record in the approved form details of how the article was dealt with; and

            (b)         give the record of those details to, as the case requires —

                  (i)         the person in charge of the mental health service or other place referred to in section 165(1)(b)(i), (ii) or (iv) when the person is received there; or

                  (ii)         the medical practitioner or authorised mental health practitioner referred to in section 165(1)(b)(ii) when the person is delivered into the practitioner’s care; or

                  (iii)         if the person is released without being taken to a mental health service or other place or delivered into the care of a medical practitioner or authorised mental health practitioner — the person when the person is released.

        (5)         A person to whom a record is given under subsection (4)(b)(i) or (ii) must ensure that the record is filed as soon as practicable.



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