Mental Health Act Amendment Act of 1964

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(1 11cruslMtA^
ANNO TERTIO DECIMO
ELIZABETH.AE SECUNDAE REGINAE
No. 50 of 1964
An Act to Amend "The Mental Health Act of 1962,"
in certain particulars
[ASSENTED TO 1OTH DECEMBER, 1964]
BE IT ENACTED by the Queen's Most Excellent Majesty, by and
with the advice and consent of the Legislative Assembly of Queensland
in Parliament assembled, and by the authority of the same , as follows:1. (1) Short title. This Act may be cited as " The Mental Health
Act Amendment Act of 1964."
(2) Principal Act. " The Mental Health Act of 1962 " is in this
Act referred to as the Principal Act.
(3) Collective title. The Principal Act and this Act may be
colicctively cited as " The Menta! Health Acts, 1962 to 1964."
2. Amendments to s. 33. Section thirty-three of the Principal Act
is amended by(a) adding to subsection (2) the following paragraph:" This subsection applies subject to the provisions of " The Prisons
Acts, 1958 to 1964 " where, by virtue of subsection (5) of this section,
those provisions are applicable.";
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Mental Health Act Amendment Act of 1964, No, 50
(b) adding as subsection (5) the following subsection:-
" (5) Where a person in respect of whom any court has ordered
(before or after the commencement of " The Mental Health Act Amendment
Act of 1964 "), that he be imprisoned or detained for a period is, at the
expiration of such period, detained in a hospital for observation or
examination or treatment for mental illness he shall be deemed to be, at
such expiration, a security patient within the meaning of " The Prisons
Acts, 1958 to 1964°"
Any regulation made pursuant to those Acts relating to a matter
referred to in paragraph (r) of section seven of those Acts shall, unless
it is, in such regulation, otherwise expressly provided, apply to and in
relation to such a person as if he were from time to time after such
expiration, a security patient kept in a security patients' hospital."
3. Time of expiration of certain sentences . Where the period for
which a person has been ordered by any court to be imprisoned or
detained has expired before the commencement of this Act and upon the
expiration of such period such person has continued to be detained and
still is, at the commencement of this Act, detained in a hospital for
observation or examination, or treatment for mental illness, such period
shall be deemed to have expired at the commencement of this Act.
This section shall not be construed to prejudice the right of any
such person to acquire, hold or manage any property, real or personal,
which, apart from this section, he would be entitled to acquire, by
inheritance or otherwise, hold or manage.