Inebriates (Amendment) Act 1979 (NSW)

I N E B R I A T E S ( A M E N D M E N T ) A C T , 1979 , N o , 6 8

ANNO VICESIMO OCTAVO

ELIZABETHE II REGINE

Act N o . 68 , 1979 .

An Act to amend section 3 of the Inebriates Act, 1912, with respect to the medical examination of persons alleged to be inebriates. [Assented to, 11th May, 1979.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1. This Act may be cited as the "Inebriates (Amendment)

Act, 1979".

1. (1) This section and section 1 shall commence on the date

of assent to this Act.

(2) Except as provided in subsection ( 1 ) , this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3. The Inebriates Act, 1912, is amended by inserting after

section 3 (1) the following subsections :—

(1A ) The Court, Judge or magistrate to which or to whom an application is made under subsection (1) may, before determining the application, remand the person in respect of whom the application is made into such custody as the Court, Judge or magistrate may order for a period not exceeding 7 days to enable that person to be examined by a legally qualified medical practitioner for the purpose of assisting in determining whether or not that person is an

inebriate.

( 1 B ) A person who escapes from the custody of a person

into whose custody he has been remanded under subsection

(1A ) may be arrested and returned to that custody.