Mental Health (Criminal Procedure) Regulation 2007 (NSW)

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Mental Health (Criminal Procedure) Act 1990.

Minister for Health

1Name of Regulation

This Regulation is the Mental Health (Criminal Procedure) Regulation 2007.

2Commencement

This Regulation commences on 16 November 2007.

3Definition

In this Regulation:

the Act means the Mental Health (Criminal Procedure) Act 1990.

4Prescribed authority(1)

For the purposes of the exercise of a function under section 41 (3), 45, 47 (2), 48, 49 (2) or 57 of the Act in respect of a person, the prescribed authority is:

• (a)

  the Governor, if the person is the subject of an order under section 25 or 39 of the Act, or

• (b)

  the Governor-General, if the person was detained by order of the Governor-General and the Governor-General is to make an order for the conditional or unconditional release of the person, or

• (c)

  in any other case, the Minister administering the Mental Health Act 2007.

(2)

For the purposes of the exercise of functions under section 58 of the Act, the prescribed authority is the Minister administering the Mental Health Act 2007.

(3)

Section 16A of the Acts Interpretation Act 1901 of the Commonwealth applies to the references in this clause to the Governor-General in the same way as it applies to a reference to the Governor-General in an Act of the Commonwealth.

5Transfer of prisoner to mental health facility

For the purposes of section 54 (1) of the Act, the prescribed period is a period of 14 days from the making of the transfer order under Division 3 of Part 5 of the Act.