Section 26
Penalty for improper reception or detention
of Mental Health (Care and Treatment) Act 2008
ActIn forceProvision 26 of 33
Section 26
(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.