Special warrant to examine person
13 Special warrant to examine person
S. 13(1) amended by No. 37/2014 s. 10(Sch. item 153.2).
A police officer or anyone else who is 18 years or older may apply to a magistrate for a special warrant under this section if the applicant believes on reasonable grounds that—
each of the criteria for detention and treatment applies to a person; and
a prescribed registered medical practitioner is unable to examine the person for the purposes of determining whether or not to make a recommendation under section 12.
S. 13(2) amended by No. 6/2018 s. 68(Sch. 2 item 117).
If a magistrate is satisfied by evidence on oath or by affirmation or by affidavit that there are reasonable grounds for the belief under subsection (1), the magistrate may issue a special warrant in the prescribed form.
S. 13(3) amended by No. 37/2014 s. 10(Sch. item 153.2).
A special warrant issued under this section authorises and directs a police officer accompanied by a prescribed registered medical practitioner—
subject to section 37, to enter the premises specified in the warrant; and
to use such force as may be reasonably necessary to enable the prescribed registered medical practitioner to examine the person named in the warrant for the purposes of determining whether or not to make a recommendation under section 12.
A special warrant issued under this section remains in force for 7 days after its making.
This provision refers to the regulations (prescribed form
). Made under this Act:
- Severe Substance Dependence Treatment Regulations 2022 · under section 40
This Act’s bill:Explanatory memorandumSecond reading speech
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