LUNACY (AMENDMENT) ACT.
Act No. 3, 1955.
An Act to confer power on the Master in Lunacy to deal in certain circumstances with property in New South Wales of mentally defective, insane or lunatic patients confined in other British countries; for this purpose to amend the Lunacy Act, 1898-1952; and for purposes connected therewith. [Assented to, 8th March, 1955.]
| lative Council and Legislative Assembly of New South | BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis |
| Wales in Parliament assembled, and by the authority of the same, as follows :— |
| 1. (1) This Act may be cited as the "Lunacy (Amend ment) Act, 1955." |
| (2) The Lunacy Act of 1898, as amended by sub sequent Acts and by this Act, may be cited as the Lunacy Act, 1898-1955. |
2 . The Lunacy Act, 1898-1952, is amended—
| (a) | by inserting next after Part VIII the following |
| |
| "Reciprocating s t a t e" means any part of Her Majesty's dominions outside New South Wales which has been declared under subsection two of this section to be a reciprocating state for the pur poses of this Par t of this Act. | (2) |
| Special | provisions | relating | to the property | of |
| mental patients | residing | outside | New | South |
| Wales. |
167A. (1) In this Par t of this Act—
(2) W h e r e the Governor is satisfied tha t the laws in force in any p a r t of H e r Majes ty ' s dominions outside New South Wales a re such as to enable powers to be exercised in tha t p a r t in cases of insane pa t ien ts res id ing in New South Wales substant ia l ly s imilar to the powers conferred by th is P a r t of this Act in cases of mental ly defective, insane or lunat ic pa t ien ts res iding in t h a t pa r t , the Governor may
| by | proc lamat ion | published | in | the | Gazette |
declare t ha t p a r t to be a reciprocat ing s ta te for the purposes of this P a r t of this Act, and there upon t h a t p a r t shall become a rec iprocat ing s ta te within the meaning of this P a r t of th is Act.
(3) The Governor may, by proc lamat ion published in the Gazette, revoke or v a r y a n y proc lamat ion under this section.
| (4) | References | in | the | foregoing |
provis ions of this section to H e r Majes ty ' s dominions outside New South Wales shall be construed as including references to any t e r r i t o r y which is unde r H e r Majes ty ' s protect ion and to any t e r r i t o r y the subject of a t rus teesh ip agreement approved by the General Assembly of the Uni ted Nat ions which is under the admini s t ra t ion of a government of any p a r t of H e r
167B. (1) If the officer charged by the laws of
a rec iprocat ing s ta te wi th the care, recovery,
| collection, p rese rva t ion and admin is t ra t ion of |
| the p r o p e r t y | and | es ta tes | of menta l ly | defective, | |
| insane | or lunat ic pa t ien t s in any | hospi tal , | |
| asylum or o ther ins t i tu t ion s i tua ted in t h a t s ta te and au thor i sed for the recept ion and care of persons of unsound mind— |
| (a) | certifies in writing under his hand and seal to the Mas te r t h a t any person is a menta l ly defective, insane or lunat ic |
or other ins t i tu t ion and tha t he is possessed of or enti t led to or appea r s to be enti t led to or in teres ted in rea l or personal p r o p e r t y in New South
| (b) by ins t rument in wr i t ing unde r | his |
hand and seal author ises the Mas te r to collect, recover, manage , sell or otherwise dispose of and adminis te r such p r o p e r t y or to make inquiry
| respect ing | such | p rope r ty , |
the Mas te r shall have and may exercise over and in respect of such p r o p e r t y the same powers of collection, recovery, management , sale, disposi tion, adminis t ra t ion , and inqui ry as he would have h a d and m a y have exercised over such p r o p e r t y if such mental ly defective, insane or lunat ic pa t i en t had been res ident in New South Wales and an insane pa t i en t wi thin the meaning of this Ac t ; and the provisions of this Act apply
| in respect of such p r o p e r t y | accordingly. |
| (2) | W h e r e | the | Mas te r | has , p u r s u a n t | to |
any such au thor i ty as is re fer red to in pa ra g r a p h (b) of subsection one of this section and in the exercise of the powers conferred upon h im by tha t subsection, received any moneys or
| p roper t ies , the | Mas te r | may, | a f ter— |
| (a) | payment of all costs, charges and |
| expenses incurred in the exercise of | |
| those | powers | p u r s u a n t | to | t h a t | auth | |
| |
| (b) | satisfying or providing for the follow ing debts and claims of which he has notice, namely, debts of the mental ly defective, insane or lunatic pa t i en t named in such au thor i ty owing to per sons res ident in New South Wales and the claims of persons so resident |
pay over or deliver the balance of such moneys or properties to the officer of the reciprocating state who signed such authority or his successor in office, without seeing to the application
thereof, and without incurring any liability in
respect of such payment over or delivery, and shall duly account to that officer or his successor for that balance.
| (b) | by inserting in section one next after the matter |
| relating to P a r t VI I I the following | matter:— | |
| PART VIIIA.—Special provisions | relating |
| to the property | of mental | patients |
| residing outside New South | Wales—ss. |
| 167A, 167B. |