Alcoholism and Drug Addiction Act 1966

1: Short Title and commencement
1: This Act may be cited as the Alcoholism and Drug Addiction Act 1966.
2: This Act shall come into force on a date to be appointed for the commencement thereof by the Governor-General by Order in Council. Section 1(2) brought into force 1 January 1969 Alcoholism and Drug Addiction Act Commencement Order 1968
2: Interpretation
In this Act, unless the context otherwise requires,— alcohol section 5(1) alcoholic alcohol committal order section 8 institution managers medical practitioner section 114(1)﻿(a) Minister patient superintendent supervising committee section 7 1909 No 30 ss 2, 36 Section 2 alcohol inserted 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 2 alcoholic amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 2 medical practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
3: Drug addicts
This Act shall apply, in the same way as it applies to an alcoholic, to any person whose addiction to intoxicating, stimulating, narcotic, or sedative drugs is causing or is likely to cause serious injury to his health or is a source of harm, suffering, or serious annoyance to others or renders him incapable of properly managing himself or his affairs.
4: Advisory and technical committees
1: For the purpose of assisting in the administration of this Act the Minister may from time to time appoint such advisory or technical committees as he thinks fit.
2: Every such committee shall have such functions in relation to this Act as the Minister may from time to time determine.
3: There may be paid to the members of any such committee, out of money appropriated by Parliament for the purpose, remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951
4: Subject to the provisions of this Act and of any regulations made under this Act, every such committee may regulate its own procedure. Certified institutions
5: Certified institutions
1: Where any person or body of persons (whether incorporated or not) is desirous of establishing or maintaining an institution under this Act, the Governor-General may by Order in Council, on the recommendation of the Minister made on the application of that person or body, and if satisfied in respect of the fitness of the institution and of that person or body, certify the institution as an institution under this Act.
2:
3: Any such Order may at any time be revoked by the Governor-General by Order in Council; and thereupon the institution shall cease to be an institution under this Act as from the date specified in that behalf in the last-mentioned Order. 1909 No 30 ss 3, 4 Section 5(1) proviso repealed 1 July 1993 section 32 Health Sector (Transfers) Act 1993 Section 5(2) repealed 1 July 1993 section 32 Health Sector (Transfers) Act 1993
6: Existing institutions
Every institution which at the commencement of this Act is a certified inebriates home under the Reformatory Institutions Act 1909 provided that any person detained in any such institution at the commencement of this Act shall be discharged on the date on which he would have been discharged if this Act had not been passed unless an order is made under this Act for his discharge on an earlier date. 1909 No 30 s 6
7: Supervising committees for certain institutions
1: For the purposes of this Act, the Minister may if the Minister thinks fit from time to time appoint, for any institution under this Act, a supervising committee, which shall have such functions as are conferred upon it by or under this Act.
2: Every such committee shall consist of a District Court Judge
3: The members of the committee, other than the superintendent of the institution and the medical practitioner attending the institution, shall be appointed for a term of 3 years, but may from time to time be reappointed, or may at any time be removed from office by the Minister, or may at any time resign their office by writing addressed to the Minister.
4: The District Court Judge
5: The chairman and the superintendent of the institution shall constitute a quorum at any meeting of the committee.
6: The chairman shall preside at all meetings of the committee and shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote.
7: Every question before any meeting of the committee shall be determined by a majority of the votes of the members present and voting thereon.
8: In any case where the chairman of the committee is prevented by illness or absence or any other cause from acting in his office, any District Court Judge
9: In the absence from any meeting of the committee of the superintendent of the institution, any person authorised in that behalf by the superintendent may attend the meeting in his stead, and while so attending shall be deemed to be the superintendent of the institution.
10: The fact that any District Court Judge
11: Subject to the provisions of this Act and of any regulations made under this Act, the committee may determine its own procedure.
12: There may be paid to the members of any supervising committee, out of money appropriated by Parliament for the purpose, remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951 1918 No 8 s 11 Section 7(1) replaced 1 July 1993 section 32 Health Sector (Transfers) Act 1993 Section 7(2) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 7(4) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 7(8) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 7(10) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 7(12) inserted 27 November 1970 Alcoholism and Drug Addiction Amendment Act 1970 Orders for detention and treatment
8: Voluntary applications for detention in institution
1: Any person desirous of being received into an institution may make application in person to a District Court Judge
2: Every such application shall be in writing in the prescribed form, and shall specify the institution into which the applicant desires to be received, and shall state that the applicant undertakes to remain in the institution, for treatment for alcoholism, until he is released or discharged under this Act.
3: The signature of the applicant shall be attested by the District Court Judge a Registrar or Deputy Registrar of the District Court
4: If the District Court Judge District Court Judge 1909 No 30 s 7 Section 8(1) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 8(3) amended 1 March 2017 section 261 District Court Act 2016 Section 8(3) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 8(4) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979
9: Power of
District Court Judge
1: On the application in the prescribed form of a relative (as defined in this section) of any person, or on the application in the prescribed form of a constable District Court Judge
2: Where the application is made by a constable
3: All statements contained in the application shall be verified by the statutory declaration of the applicant or of some other person, unless the District Court Judge District Court Judge
4: If, on any such application as aforesaid, the District Court Judge District Court Judge District Court Judge
5: If the District Court Judge
6: On the hearing of the application the District Court Judge
7: Subject to subsection (6), on the hearing of the application, the alleged alcoholic being then present before him, the District Court Judge
8: In this section, relative A
a: A's spouse, civil union partner, or de facto partner:
b: A's parent, grandparent, sibling, half-sibling, child, grandchild, or step-child:
c: A's step-parent; but, if A is under the age of 18 years, only if the step-parent shares responsibility for the day-to-day care of A with a parent of A. Section 9 heading amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 9(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 9(1) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 9(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 9(3) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 9(4) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 9(5) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 9(5) amended 27 November 1970 Alcoholism and Drug Addiction Amendment Act 1970 Section 9(6) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 9(7) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 9(8) replaced 26 April 2005 section 7 Relationships (Statutory References) Act 2005
10: Period of detention
1: No person in respect of whom an order for detention is made under the foregoing provisions of this Act
2: Subject to the provisions of this Act, every such person shall be detained until he is discharged pursuant to this Act. 1909 No 30 ss 7(2), 8, 9(3), 10(1), 23(2) Section 10(1) amended 30 June 2002 section 186 Sentencing Act 2002
11: Mode of computing period of detention
1: The period of the detention of any person in an institution under any order made pursuant to this Act shall be computed from the date of his first reception into an institution pursuant to the order.
2: Any period during which a person is lawfully absent on leave from an institution, or is absent pursuant to section 22
3: No period during which any person is detained in any prison
4: Except as provided in this section, the period of detention of any person shall be computed continuously from the date of his actual reception into the institution. 1909 No 30 s 19; 1936 No 58 s 67 Section 11(3) amended 1 June 2005 section 206 Corrections Act 2004 Reception, transfer, and discharge
12: Enforcement of order of detention when term of imprisonment imposed
When an order is made under this Act constable prison provided that where the sentence was imposed while he was a patient at the institution he shall not be so taken to it if more than 2 years have elapsed since his first reception in an institution pursuant to the order. 1909 No 30 s 14 Section 12 amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 12 amended 1 June 2005 section 206 Corrections Act 2004 Section 12 amended 30 June 2002 section 186 Sentencing Act 2002
13: Pending reception into institution, person may be detained
After the making of an order for the detention of any person under this Act, and pending the reception of that person into an institution pursuant to the order, the District Court Judge psychiatric hospital within the meaning of the Mental Health Act 1969 provided that the total period for which a person may be detained in custody under the authority of this section shall not exceed 10 days and any part of that period during which he is detained in a police station shall not exceed 48 hours. 1909 No 30 s 16 Section 13 amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 13 amended 1 April 1970 Mental Health Act 1969
14: Power of arrest
Any constable 1909 No 30 s 13 Section 14 amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
15: Detention during transit
While any patient is being taken to or from any institution, he may be detained in any other institution or in a police station, psychiatric hospital within the meaning of the Mental Health Act 1969 Section 15 amended 1 April 1970 Mental Health Act 1969
16: Patient unlawfully absent may be arrested without warrant
Any patient may at any time while he is absent from the institution without lawful justification, whether by reason of his escape from lawful custody or by reason of any other circumstance, be arrested without warrant by any constable 1909 No 30 s 17 Section 16 amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
17: Discharge, transfer, or release on leave of patients
1: Subject to the provisions of this Act, the Minister, or the supervising committee (if any) of an institution, or the person in charge of a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992
a: discharge any patient:
b: transfer any patient who is detained under a committal order from one institution to any other institution under this Act with the consent of the medical superintendent or of the governing body of the receiving institution:
c: release any patient on leave of absence for any period not exceeding the balance of the period of 2 years for which he is liable to be detained, upon and subject to such terms and conditions (to be specified in the order) as the Minister or the supervising committee or the superintendent thinks fit.
2: Any patient ordered to be transferred from one institution to another under this section—
a: may be taken in custody to that other institution by any constable
b: shall on his reception into the other institution become a patient of that institution and shall be detained there until the expiry of the period for which he is liable to be detained under the original order for detention, unless he is sooner discharged or released on leave or transferred under this Act.
3: Any patient who is on leave of absence under paragraph (c) of subsection (1) may at any time during the currency of his period of leave be discharged under paragraph (a) of that subsection. 1909 No 30 ss 18(1)﻿(a)–(c), (2), (3), 23(1) Section 17(1) amended 1 July 1993 section 32 Health Sector (Transfers) Act 1993 Section 17(2)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
18: Patient may apply for discharge
1: Any patient may at any time after the expiration of 6 months from his first reception in an institution pursuant to an order made under section 8 section 9 paragraph (a) of subsection (1) of section 17 High Court
2: On any such application the Judge may order that the patient be brought before him for examination at a time to be specified in the order.
3: If on the examination of the applicant, and on such medical or other evidence as the Judge may require, the Judge is satisfied that the continued detention of the applicant is not expedient, either in his own interest or in the interest of others, or that he is unlawfully detained as an alcoholic, the Judge may by order direct that the patient be discharged, either forthwith or at such time as may be specified in the order, or that he be released on leave of absence for a period, not exceeding the balance of the period of 2 years for which he is liable to be detained, and upon and subject to such terms and conditions as the Judge thinks fit.
4: In deciding whether or not to make an order under this section the Judge may take into consideration the fact that any relative , including, without limitation, the patient's spouse, civil union partner, or de facto partner,
5: On the taking effect of an order of discharge under this section, the order for detention under which the patient is then detained shall be deemed to be revoked.
6: Nothing in this section shall prevent the exercise of any available remedy or proceeding by or on behalf of any person who is or is alleged to be unlawfully detained.
7: Where an application under this section is refused a further application under this section shall not be entertained unless 6 months have elapsed since the date of the refusal and unless the application has been preceded by a further request for the discharge of the applicant under paragraph (a) of subsection (1) of section 17 Section 18(1) amended 30 June 2002 section 186 Sentencing Act 2002 Section 18(1) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 18(4) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005
19: Variation of conditions of leave of absence
Where a patient is on leave of absence under paragraph (c) of subsection (1) of section 17 subsection (3) of section 18
20: Revocation of leave of absence
1: Where any patient who is absent on leave from an institution is convicted in any court of any offence of which drunkenness forms a necessary element, or of any offence which is shown to have been committed under the influence of alcohol or in which drunkenness is shown to be a contributing cause, the Judge or District Court Judge
2: Where any District Court Judge constable alcohol District Court Judge
3: On any application under subsection (2) the District Court Judge
4: Where an order is made under this section the patient may be taken to an institution in the same manner as if the order were an order for detention under this Act.
5: On any application under subsection (2) the District Court Judge
6: On any adjournment under subsection (5) the District Court Judge District Court Judge 1909 No 30 s 18(1)﻿(d), (4) Section 20(1) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 20(2) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 20(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 20(2) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 20(3) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 20(5) inserted 9 October 1975 Alcoholism and Drug Addiction Amendment Act 1975 Section 20(5) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 20(6) inserted 9 October 1975 Alcoholism and Drug Addiction Amendment Act 1975 Section 20(6) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979
21: Transfer of prisoner to institution
1: The Minister of the Crown who is responsible for the Department of Corrections prison
2: The Minister of the Crown who is responsible for the Department of Corrections prison
3: While any person is detained in an institution under this section the term of any sentence he is then liable to serve shall continue to run. If at any time before the expiry of any such sentence he escapes from detention or custody the term of the sentence shall cease to run and shall not begin to run again until he is retaken.
4: A person detained in an institution under this section shall not be discharged or permitted to be absent from the institution under this Act except with the consent of the Minister of the Crown who is responsible for the Department of Corrections
5: The following provisions shall apply in respect of every person detained under this section:
a: the provisions of section 10
b: if every sentence of detention applicable to that person expires, or he is discharged thereunder, before the expiry of the period of 2 years referred to in the said section 10
c: if on the expiry of the said period of 2 years he is still liable to detention under any such sentence, he shall be returned to such prison Minister of the Crown who is responsible for the Department of Corrections 1918 No 8 s 10 Section 21(1) amended 1 June 2005 section 206 Corrections Act 2004 Section 21(1) amended 30 June 2002 section 186 Sentencing Act 2002 Section 21(1) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 21(2) amended 1 June 2005 section 206 Corrections Act 2004 Section 21(2) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 21(4) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 21(5)﻿(c) amended 1 June 2005 section 206 Corrections Act 2004 Section 21(5)﻿(c) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995
22: Absence of patient for medical or dental treatment, etc
1: Subject to the provisions of this Act, in the case of the illness of any patient, he may, with the consent of the supervising committee or, if there is no supervising committee, a District Court Judge hospital care institution within the meaning of section 58(4)
2: Subject to the provisions of this Act, the superintendent of an institution, on the recommendation of the medical practitioner attending the institution, may permit any patient to be absent from the institution for the purpose of receiving medical or dental treatment for any specified period, not exceeding 5 days at any one time.
3: Subject to the provisions of this Act, the superintendent of an institution may, with the consent of the supervising committee or, if there is no supervising committee, a District Court Judge
4: Any person removed or absent under this section shall be deemed to remain subject to the order by which he was detained in the institution under this Act, and may at any time be returned to the institution by the managers or superintendent of the institution, or by any constable 1909 No 30 s 20 1936 No 58 s 66 Section 22(1) amended 1 October 2002 section 58(1) Health and Disability Services (Safety) Act 2001 Section 22(1) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 22(3) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 22(4) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
22A: Managers to notify Police of deaths
Where the managers of an institution where a patient is detained pursuant to an order under section 9 constable Section 22A inserted 1 January 1989 section 46 Coroners Act 1988 Section 22A amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Appeals
23: Appeals against order of
District Court Judge All the provisions of Part 6 District Court Judge or the District Court imprisonment provided that an appeal under this section may be made at any time within 3 weeks after the date on which the order for detention and treatment or return or removal was signed by the District Court Judge 1909 No 30 s 30 1918 No 8 s 13 1957 No 87 s 213 Section 23 heading amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 23 amended 1 March 2017 section 261 District Court Act 2016 Section 23 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 23 amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 23 proviso amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Offences
24: Unlawful detention in institution
Every person commits an offence against this Act and is liable on conviction $1,000 1909 No 30 s 24 1954 No 50 s 40(1) Section 24 amended 1 July 2013 section 413 Criminal Procedure Act 2011
25: Escaping from institution
1: Every patient commits an offence against this Act who—
a: escapes or attempts to escape from the institution; or
b: escapes or attempts to escape from lawful custody as a patient; or
c: wilfully refuses or fails to return to the institution after the expiration or determination of any period of lawful absence therefrom.
2: Every person commits an offence against this Act who induces or knowingly assists any patient to escape from an institution or from lawful custody or who knowingly assists any patient who has so escaped to avoid or attempt to avoid being retaken. 1909 No 30 ss 25, 29(b)
26: Improper conduct
Every patient commits an offence against this Act who is wilfully guilty of any violent, unruly, insubordinate, destructive, indecent, offensive, or insulting conduct. 1909 No 30 s 27
27: Supplying
alcohol Every person commits an offence against this Act who, not being a alcohol alcohol 1909 No 30 s 28 Section 27 heading amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 27 amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 27 amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
28: Trespass
Every person commits an offence against this Act who wilfully trespasses without lawful excuse on any land knowing or having reasonable cause to believe that it is part of an institution. 1918 No 8 s 12
29: Ill-treatment of patients
Every person commits an offence against this Act who—
a: ill-treats any patient in an institution; or
b: being an officer, servant, or other person employed in or about an institution, wilfully neglects any patient. 1909 No 30 s 29(a) Evidence
30: Evidence in proceedings
In any proceedings under this Act (other than any prosecution for an offence)—
a: the Judge or District Court Judge
b: the husband or wife of the applicant or alleged alcoholic shall be a competent but not compellable witness. 1909 No 30 s 7(5) Section 30(a) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979
31: Medical certificate evidence of certain facts
Every medical certificate given for the purposes of this Act shall be evidence of the facts therein stated as known to or observed by the certifying medical practitioner, and of the opinion therein stated to have been formed by the certifying medical practitioner as to the condition of the person to whom the certificate relates.
32: Who may not sign medical certificate
1: A medical certificate given for the purposes of section 9
a: the applicant for the order:
b: the superintendent, or a medical officer of the institution into which (if granted) the order would authorise the alleged alcoholic to be received:
c: a relative, business partner, principal, or assistant of the applicant or of the alleged alcoholic or the guardian or trustee of the alleged alcoholic:
d: any person by whom the order is made.
2: A medical practitioner who certifies the medical certificate may not be a relative, business partner, principal, or assistant of the other certifying medical practitioner.
3: Every such certificate shall contain a statement that the certifying medical practitioner is not prohibited by this Act from signing the same.
4: If an employee of a hospital care operator within the meaning of section 58(4)
a: is not for the purposes of subsection (1)﻿(c) deemed, by reason of any official relationship with the applicant, to be the applicant's business
b: is not for any purpose deemed, by reason of any official relationship with any other medical practitioner employed by the operator, to be the business
5: If an officer on the staff of any institution conducted by the Crown (not being an institution within the meaning of this Act) applies for a committal order under this Act, a medical practitioner employed in or attached to the institution—
a: is not, for the purposes of subsection (1)﻿(c), deemed by reason of any official relationship with the applicant, to be the applicant's business
b: is not for any purpose deemed, by reason of any official relationship with any other medical practitioner employed in or attached to the institution, to be the business
6: In this section, relative
a: the spouse, civil union partner, or de facto partner of the person:
b: a parent of a person referred to in paragraph (a):
c: a parent of the person:
d: a brother or sister of the person:
e: a child of the person:
f: a spouse, civil union partner, or de facto partner of a person referred to in paragraphs (d) or (e) Section 32(1)﻿(c) replaced 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 32(2) replaced 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 32(4) replaced 1 October 2002 section 58(1) Health and Disability Services (Safety) Act 2001 Section 32(4)﻿(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 32(4)﻿(b) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 32(5) inserted 1 October 2002 section 58(1) Health and Disability Services (Safety) Act 2001 Section 32(5)﻿(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 32(5)﻿(b) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 32(6) inserted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Procedure
33: Notice of order of detention to be given
When an order is made under this Act or any other enactment for the detention of any person in an institution, or for his return or removal to an institution on the revocation of an order for leave of absence, a minute under the hand of the District Court Judge District Court High Court
a: to the Director of the Division of Mental Health in the Ministry of Health
b: to the superintendent of the institution. 1909 No 30 s 32 Section 33 amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 33 amended 1 April 1980 section 12 Judicature Amendment Act 1979
34: Immaterial errors not to invalidate orders, etc
No order, warrant, or other document made or issued in respect of any institution under this Act shall be invalidated by any misnomer or erroneous description of the institution, or of any person ordered to be detained, or by any other error or defect of form. 1909 No 30 s 34
35: Legal proceedings
1: Every application made to a court or a Judge or a District Court Judge
2: Every person who is the subject of any such application shall be entitled to be heard and to give and call evidence and may be represented by a solicitor or counsel.
3: No court fees shall be payable in respect of any such application.
4: The determination of an application under section 9 section 23 of the Mental Health Act 1969 District Court Judge Section 35(1) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 35(4) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 35(4) amended 1 April 1970
36: General penalty
Every person who commits an offence against this Act for which no penalty is provided elsewhere than in this section is liable on conviction $200 Section 36 amended 1 July 2013 section 413 Criminal Procedure Act 2011
37: Offences to be punishable on summary conviction
Section 37 repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Miscellaneous provisions
37A: Persons found intoxicated in public place
Section 37A repealed 1 October 2008 section 130(1) Policing Act 2008
38: Protection from civil or criminal liability of persons acting under authority of this Act
A person who does any act in pursuance or intended pursuance of any of the provisions of this Act shall not be under any civil or criminal liability in respect thereof, whether on the ground of want of jurisdiction, or mistake of law or fact, or any other ground, unless he has acted in bad faith or without reasonable care, and the provisions of section 124 of the Mental Health Act 1969 1909 No 30 s 40 Section 38 amended 1 April 1970
38A: Fees payable to medical practitioners
There shall be payable to medical practitioners, out of money appropriated by Parliament for the purpose, in respect of any certificates or reports in writing supplied by them to a District Court Judge Section 38A inserted 9 October 1975 Alcoholism and Drug Addiction Amendment Act 1975 Section 38A amended 1 April 1980 section 18(2) District Courts Amendment Act 1979
39: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing the conditions on which institutions may be certified under this Act:
b: regulating the establishment, management, maintenance, and inspection of institutions:
c: prescribing and regulating the functions and procedure of supervising committees appointed for institutions under this Act:
d: regulating and prescribing the appointment and duties of officers and servants of institutions:
e: regulating the classification, treatment, control, and discipline of patients:
f: prescribing and regulating employment for patients:
g: prescribing the sums to be paid by patients in respect of their maintenance in institutions, and the cases in which such sums are payable:
h: prescribing forms and fees
i: prescribing offences against any regulations made under this Act, and prescribing fines not exceeding $100
j: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration thereof.
2: Any regulations made under this section may apply either to all institutions under this Act, or to institutions of any specified class, or to any specified institution. 1909 No 30 s 39 Section 39(1)﻿(h) amended 9 October 1975 Alcoholism and Drug Addiction Amendment Act 1975
40: Repeals and amendments
1: The enactments specified in the Schedule
2: Every reference in any enactment, or in any regulation, order, or warrant, or in any document whatsoever, to a certified inebriates home or an inebriates home shall hereafter, unless the context otherwise requires, be read as a reference to an institution within the meaning of this Act.