Cross-border Justice Amendment Regulations (No. 2) 2015 (WA)

29 December 2015 GOVERNMENT GAZETTE, WA 5175

JUSTICE

JU302*

Cross-border Justice Act 2008

Cross-border Justice Amendment Regulations

(No. 2) 2015

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Cross-border Justice Amendment Regulations (No. 2) 2015.
2.	Commencement These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b) the rest of the regulations — on the day after that day.

3.            Regulations amended

These regulations amend the Cross-border Justice
Regulations 2009.

4.            Regulation 10 amended

In regulation 10(2) in the insertion delete paragraph (a) and insert:

(a) IM that the accused be assessed, either by a medical
practitioner or an authorised mental health
practitioner (as defined in the Mental Health
Act 2014 section 4) for the purpose of deciding
whether to make a referral under section 26 of that
Act and that Act applies accordingly;

(2)	In regulation 10(3) delete "Mental Health Act 1996);" and insert:
Mental Health Act 2014 section 4);"
(3)	In regulation 10(5) in the insertion in the definition of authorised hospital paragraph (a) delete "Mental Health Act 1996 section 3; or" and insert:
Mental Health Act 2014 section 4; or

5176 GOVERNMENT GAZETTE, WA 29 December 2015

(4) In regulation 10(5) in the insertion in the definition of

psychiatrist paragraph (a) delete "Mental Health Act 1996 section 3;

or" and insert:

Mental Health Act 2014 section 4; or

5.            Regulation 35 amended

(1)	In regulation 35(2) in the insertion in the definition of involuntary patient paragraph (a) delete "Mental Health Act 1996; and" and insert:
Mental Health Act 2014 section 4; and
(2)	In regulation 3 5(2) in the insertion in the definition of mental health laws paragraph (a) delete "Mental Health Act 1996; or" and insert:
Menial health Act 2014; or
(3)	In regulation 35(2) in the insertion in the definition of psychiatrist paragraph (a) delete "Mental Health Act 1996; and" and insert:
Mental Health Act 2014 section 4; and

6.            Regulation 37 amended

In regulation 37 in the insertion subsection (4)(a) delete "Mental
Health Act 1996 section 3, the order has effect as if the accused

accused had been referred under section 26(2) had been referred under section 29" and insert: Mental Health Act 2014 section 4, the order has effect as if the

7.            Section 38 amended

In regulation 38 delete "the Mental Health Act 1996" and insert:

"the Mental Health Act 2014"

8.            Regulation 39 amended

(I) 1n regulation 39(1) delete "authorised hospital".

29 December 2015 GOVERNMENT GAZETTE, WA 5177

(2) In regulation 39(2) in the insertion in the definition of

authorised hospital in paragraph (a) delete "Mental Health

Act 1996 section 3; or" and insert:

Mental Health Act 2014 section 4; or

9.            Regulation 40 amended

Delete regulation 40(4) and insert:

(4) In section 25(3)(a) delete "from the hospital under the

Mental Health Act 2014 Part 7 Division 4 or to be
granted leave of absence under Part 7 Division 6 of that

Act; or" and insert:

or granted a leave of absence from the hospital
under a participating jurisdiction's mental

health laws; or

N. HAGLEY, Clerk of the Executive Council.