This legislation has been repealed.
(1) If, at any time before a person is brought before a Magistrate under section 38, the medical superintendent is of the opinion:(a) that the person has ceased to be a mentally ill person or a mentally disordered person, or(b) that other care of a less restrictive kind is appropriate and reasonably available to the person,the medical superintendent must release the person from detention in the hospital.
(1A) If, at any time before a person is brought before a Magistrate under section 38, the medical superintendent is of the opinion that the person has ceased to be a mentally ill person but is a mentally disordered person, the person must not be further detained for a period of more than 3 days (not including weekends and public holidays).
(2) A medical superintendent may, immediately on releasing a person, admit that person as an informal patient.