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Part 3 · General Provisions

26. Penalty for improper reception or detention

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(1)

Subject to section 25, any person who —

(a)

otherwise than in accordance with the provisions of this Act receives or detains in a psychiatric institution a person who is or is alleged to be mentally disordered; or

(b)

for gain detains in any place that is not a psychiatric institution, 2 or more mentally disordered persons,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.

(2)

A prosecution under this section must not be commenced except with the consent of the Public Prosecutor.

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