New South Wales Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 130

Apprehension by police

130 Apprehension by police

(1) A member of the Police Force to whose notice an order under section 129 is brought must, as soon as possible, apprehend the affected person and take, or assist in taking, the person to the health care agency specified in the order.
(2) The member of the Police Force may, instead of complying with subsection (1), arrange with another member of the Police Force to do so.
(3) A person apprehended under this section must be taken to the health care agency in such a way as to arrive there without undue delay and, after arrival, may be kept there for not longer than 2 hours.
(4) A member of the Police Force may:
(a) enter premises, if need be by using reasonable force, to apprehend a person under this section, and
(b) apprehend the person,
without a warrant.
(5) Subsection (3) does not affect the operation of any other provision of this Act.



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