New South Wales Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 93

Breach of condition of order for release

93 Breach of condition of order for release

(1) If it appears to the prescribed authority that a person:
(a) has committed a breach of an order made under section 84 (Release of persons after review) for the person's release, or
(a1) has committed a breach of a condition of an order releasing the person from custody under section 39 of the Mental Health (Criminal Procedure) Act 1990 , or
(b) has committed a breach of a condition of leave of absence or special leave of absence granted under this Part, or
(c) who is subject to the conditions of an order under section 84 or who is on leave of absence or special leave of absence granted under this Part, has suffered a deterioration of mental condition and become a serious danger to himself or herself or to any member of the public by reason of the person's mental condition,
the prescribed authority may make an order for the person's apprehension and detention, care or treatment in the place (being a hospital, prison or other place) and in the manner specified in the order.
(2) A member of the Police Force to whose notice an order is brought must, as soon as practicable:
(a) apprehend and take or assist in taking the person in respect of whom the order is made to the place specified in the order, or
(b) cause or make arrangements for some other member of the Police Force to apprehend and take or assist in taking the person to that place.
(3) A member of the Police Force may enter premises, if need be by force, for the purpose of apprehending the person and apprehend the person without a warrant.
(4) If a credible person, on oath before a Magistrate or authorised officer within the meaning of the Criminal Procedure Act 1986 , shows reasonable cause to suspect that a person in respect of whom an order is made is outside the State, the Magistrate or authorised officer may issue a warrant for the apprehension of the person in respect of whom the order is made.



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