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GUARDIANSHIP AND ADMINISTRATION ACT 1993 - PART 5 PART 5 CONSENT TO MEDICAL AND DENTAL TREATMENT OF MENTALLY INCAPACITATED PERSONS GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 58 Application of this Part 58. This Part applies in relation to a person- (a) who, by reason of his or her mental incapacity, is incapable of giving effective consent, whether or not he or she is a protected person; and (b) who does not have a medical agent who is reasonably available and willing to make a decision as to the giving of consent to the medical or dental treatment of the person. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 59 Consent of certain persons is effective 59. (1) Where it is proposed to give medical or dental treatment (not being prescribed treatment) to a person to whom this Part applies, the consent of the appropriate authority to the treatment will be taken to be a consent given by the person and to have the same effect for all purposes as if the person were capable of giving effective consent. (2) For the purposes of subsection (1), the appropriate authority is- (a) if a guardian has been appointed in respect of the person under any Act or law, his or her powers as guardian have not been limited so as to exclude the giving of such consent and he or she is reasonably available and is willing to make a decision as to consent-the guardian; (b) in any other case- (i) a relative of the person; or (ii) the Board, on application by- (A) a relative of the person; or (B) the medical practitioner or dentist proposing to give the treatment; or (C) any other person who the Board is satisfied has a proper interest in the matter. (3) Where medical or dental treatment (not being prescribed treatment) is given to a person to whom this Part applies in the following circumstances it will be taken that an effective consent was given to the treatment: (a) treatment given with the purported consent of the person, if the medical practitioner or dentist did not know and could not reasonably be expected to have known that the person was incapable of giving effective consent; (b) treatment given with the purported consent of a person who represented to the medical practitioner or dentist that he or she was the appropriate authority for the purposes of giving consent, if the medical practitioner or dentist did not know and could not reasonably be expected to have known that the person was not the appropriate authority for giving consent. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 60 Person must not give consent unless authorised to do so under this Part 60. A person who is not the appropriate authority to give consent to the medical or dental treatment of a person to whom this Part applies is guilty of an offence if he or she, knowing that he or she is not the appropriate authority or being recklessly indifferent as to whether or not he or she is the appropriate authority- (a) gives any such consent; or (b) represents to a medical practitioner or dentist that he or she is the appropriate authority to give such a consent. Penalty: Division 5 fine or division 5 imprisonment. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 60 Person must not give consent unless authorised to do so under this Part 60. A person who is not the appropriate authority to give consent to the medical or dental treatment of a person to whom this Part applies is guilty of an offence if he or she, knowing that he or she is not the appropriate authority or being recklessly indifferent as to whether or not he or she is the appropriate authority- (a) gives any such consent; or (b) represents to a medical practitioner or dentist that he or she is the appropriate authority to give such a consent. Penalty: Division 5 fine or division 5 imprisonment. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 61 Prescribed treatment not to be carried out without Board's consent 61. (1) Except where circumstances exist for the giving of emergency medical treatment under the Consent to Medical Treatment and Palliative Care Act 1995, but otherwise notwithstanding that Act, a medical practitioner must not give prescribed treatment to a person to whom this Part applies- (a) without the Board's consent; and (b) otherwise than in accordance with the regulations. Penalty: Division 5 fine or division 5 imprisonment. (2) The Board cannot consent to a sterilisation unless- (a) it is satisfied that it is therapeutically necessary for the sterilisation to be carried out on the person; or (b) it is satisfied- (i) that there is no likelihood of the person acquiring at any time the capacity to give an effective consent; and (ii) that the person is physically capable of procreation; and (iii) that- (A) the person is, or is likely to be, sexually active, and there is no method of contraception that could, in all the circumstances, reasonably be expected to be successfully applied; or (B) in the case of a woman, cessation of her menstrual cycle would be in her best interests and would be the only reasonably practicable way of dealing with the social, sanitary or other problems associated with her menstruation, and has no knowledge of any refusal on the part of the person to consent to the carrying out of the sterilisation, being a refusal that was made by the person while capable of giving effective consent and that was communicated by the person to a medical practitioner. (3) The Board cannot consent to a termination of pregnancy unless it is satisfied- (a) that the carrying out of the termination would not constitute an offence under the Criminal Law Consolidation Act 1935; and (b) that there is no likelihood of the woman acquiring the capacity to give an effective consent within the period that is reasonably available for the safe carrying out of the termination, and has no knowledge of any refusal on the part of the woman to consent to the termination, being a refusal that was made while capable of giving effective consent and that was communicated by her to a medical practitioner. (4) The Board cannot consent to the carrying out of any other prescribed treatment unless it is satisfied as to prescribed matters. (5) Before consenting to the carrying out of any prescribed treatment in relation to a person to whom this Part applies, the Board must, if it thinks it appropriate to do so, allow such of the person's parents whose whereabouts are reasonably ascertainable a reasonable opportunity to make submissions to the Board on the matter, but the Board is not required to do so if of the opinion that to do so would not be in the best interests of the mentally incapacitated person. (6) A decision of the Board to give consent under this section has no force or effect until the period for appeal against the decision has expired or, if an appeal has been instituted, until the appeal is dismissed or withdrawn. * * * * * * * * Note: Asterisks indicate repeal or deletion of text. For further explanation see Appendix 1. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 63 Board's consent must be in writing 63. (1) Any consent given by the Board under this Part must be in writing. (2) In any legal proceedings, a document purporting to be signed by a member of the Board on behalf of the Board and to be the consent of the Board given under this Part is, in the absence of proof to the contrary, proof of the consent of the Board and of the validity of that consent. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - PART 6 PART 6 APPEALS AND CASES STATED GUARDIANSHIP AND ADMINISTRATION ACT 1993 - DIVISION 1 DIVISION 1-REVIEW OF REGISTRAR DECISIONS AND CASES STATED GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 64 Decisions of the Registrar are subject to review 64. (1) Where the Registrar makes a decision or order in exercising the jurisdiction of the Board, a party to the proceedings may, within one month of the date of the decision or order, apply to the Board for a review of the decision or order. (2) Subject to subsection (3), a decision or order of the Registrar continues to operate notwithstanding the right to have it reviewed or the institution of a review. (3) The operation of a decision or order of the Registrar against which a review has been instituted may, on application, be suspended by the Registrar or the Board, if either thinks special reason exists for doing so. (4) The Board, on reviewing a decision or order under this section, may, by order, confirm, vary or set aside the decision or order. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 65 Case may be stated to Supreme Court 65. The Board or the Administrative Appeals Court may state a case on any question of law for the opinion of the Supreme Court. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - DIVISION 2 DIVISION 2-APPEALS TO THE ADMINISTRATIVE APPEALS COURT GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 66 Constitution of Administrative Appeals Court 66. (1) The Administrative Appeals Court will, in exercising its jurisdiction under this Act, sit with assessors selected under this section. (2) The Governor will establish a panel of persons to act as assessors, being persons whose expertise is, in the opinion of the Governor, appropriate to the jurisdiction of the Court under this Act. (3) The Governor will establish a panel of persons to act as assessors, being persons with expertise in representing or promoting the interests of mentally incapacitated persons or with expertise in such other fields as the Governor thinks relevant. (4) A person appointed to a panel under this section- (a) will be appointed to office for such term, not exceeding three years, as is specified in the instrument of appointment; and (b) will hold office on such other terms and conditions as the Governor may determine; and (c) subject to subsection (5), is, on the expiration of a term of office, eligible for reappointment. (5) A person cannot hold office as a member of a panel for more than two terms if those terms are consecutive, except that an appointment for a third consecutive term of office may be made if it is only for the purposes of the completion of part-heard proceedings. (6) Subject to subsection (7), where proceedings are brought before the Administrative Appeals Court under this Act, the judicial officer who is to preside at those proceedings will select a member from each of the panels to sit with him or her as assessors. (7) A member of a panel who has a personal interest or a direct or indirect pecuniary interest in a matter before the Court is disqualified from participating in the hearing of the matter. (8) In selecting a member from the panel established under subsection (2) for the purposes of an appeal against a decision or order of the Board under the Mental Health Act 1993, the judicial officer must select a psychiatrist. (9) If an assessor dies or is for any other reason unable to continue with any proceedings under this Act, the Court constituted of the judicial officer who is presiding at those proceedings and the other assessor may, if the judicial officer so determines, continue and complete the proceedings. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 67 Appeal from decisions of the Board 67. (1) If- (a) the applicant in proceedings before the Board (whether under this Act, the Mental Health Act 1993 or any other Act); or (b) the person to whom those proceedings relate; or (c) the Public Advocate; or (d) any person who gave evidence before or made submissions to the Board in those proceedings; or (e) any other person who satisfies the Board or the Administrative Appeals Court that he or she has a proper interest in the matter, is dissatisfied with a decision, direction or order of the Board made in those proceedings, he or she may- (f) in the case of a decision or order for or affirming the detention of a person or relating to the giving of consent to a sterilisation or a termination of pregnancy-appeal to the Administrative Appeals Court against the decision or order; (g) in any other case-with the leave of the Board or the Court, appeal to the Administrative Appeals Court against the decision, direction or order. (2) Notwithstanding subsection (1), a right of appeal does not lie against- (a) a decision of the Board not to authorise publication of a report of proceedings before the Board; or (b) a decision or order made by the Registrar in exercising the jurisdiction of the Board. (3) An application for leave to appeal under this section must be instituted- (a) within 28 days of the making of the decision, direction or order the subject of the application; or (b) within 28 days of being furnished, pursuant to a request made within seven days of the making of the decision, direction or order, with the reasons for the decision, direction or order; or (c) within seven days of leave to appeal being refused by the Board, whichever is the later. (4) An appeal against an order of the Board for or affirming the detention of a person or relating to the giving of consent to a sterilisation must be instituted- (a) within 28 days of the making of the order; or (b) within 28 days of being furnished, pursuant to a request made within seven days of the making of the order, with the reasons for the order, whichever is the later. (5) An appeal against a decision or order of the Board made on an application for the Board's consent to a termination of pregnancy must be instituted within two working days of the decision or order being made. (6) The Court may, if satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that an appeal or application for leave to appeal be instituted within the period stipulated by subsection (3), (4) or (5). (7) The Court must notify the Board of the lodging of an application for leave to appeal or of the institution of an appeal to the Court and the Board must then furnish the Court with- (a) such records or transcripts of evidence given in the original proceedings as the Board may have; and (b) copies of any written submissions made to the Board or reports furnished to the Board in the proceedings; and (c) a copy of the Board's reasons for the decision, direction or order appealed against. (8) The Court must hear and determine proceedings under this section as expeditiously as is reasonably practicable and must give priority to hearing and determining appeals against decisions or orders relating to an application for consent to a termination of pregnancy or relating to the detention of any person. (9) The person to whom the proceedings relate is (if he or she is not the appellant) a party to the proceedings. (10) Subject to subsection (11), the Court must give the parties to proceedings reasonable notice of the time and place of the hearing of the proceedings. (11) The Court is not obliged to give notice of proceedings to a party whose whereabouts cannot, after reasonable enquiry, be ascertained. (12) A party is entitled to appear before the Court- (a) personally or by counsel; or (b) with the leave of the Court, by any other representative. (13) Subject to subsection (14), hearings before the Court are open hearings. (14) In any proceedings before the Court, the Court has an absolute discretion- (a) to direct that no person other than- (i) the parties to the proceedings and any person representing them in the proceedings; and (ii) witnesses (while giving evidence); and (iii) officers of the Court, be present in the room while the proceedings are being heard; and (b) to direct that a particular person (not being a person referred to in paragraph (a)) not be present in the room while the proceedings are being heard. (15) The Court may make a determination in any proceedings in the absence of a party to the proceedings if satisfied that the party was given reasonable opportunity to appear but failed to do so. (16) On the conclusion of proceedings the Court must furnish the parties and the Board with a written statement of the reasons for its decision. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 68 Powers of Court on appeal 68. (1) The Court may, on hearing an appeal, exercise one or more of the following powers, according to the nature of the case: (a) dismiss the appeal; or (b) affirm, vary or quash the decision, direction or order appealed against; or (c) substitute, or make in addition, any decision, direction or order that could be made by the Board; or (d) remit the subject matter of the appeal to the Board for further hearing or for rehearing; or (e) subject to subsection (2), make any further or other order as to costs, in accordance with a prescribed scale, or any other matter that the case requires. (2) The Court may make orders for costs against a party to the proceedings only if the Court is satisfied that the institution of the proceedings, or the party's conduct in relation to the proceedings, was frivolous, vexatious or calculated to cause delay. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 69 Method of conducting appeal 69. An appeal to the Administrative Appeals Court is to be conducted as a review of the decision, direction or order appealed against on the evidence given in the original proceedings and on such further evidence as may, with the leave of the Court or pursuant to the request of the Court, be presented to it. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - DIVISION 3 DIVISION 3-APPEALS TO THE SUPREME COURT GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 70 Appeals from decisions of Administrative Appeals Court 70. (1) Subject to subsection (2), a party to proceedings before the Administrative Appeals Court who is dissatisfied with a decision, direction or order of the Court in those proceedings may, with the leave of that Court or the Supreme Court, appeal to the Supreme Court against the decision, direction or order. (2) The following decisions or orders are not appealable to the Supreme Court: (a) a decision to refuse leave to appeal to the Administrative Appeals Court; (b) a decision or order made in relation to an application for consent to a termination of pregnancy; (c) a decision not to authorise publication of a report of proceedings before the Court; (d) a decision or order made on an appeal against a decision of the Board in the exercise of its appellate jurisdiction under the Mental Health Act 1993. (3) An appeal under this section must be instituted within the prescribed period- (a) of the making of the decision, direction or order appealed against; or (b) of being furnished with the reasons for the decision, direction or order, whichever is the later, but the Supreme Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that the appeal should be so instituted. (4) The Supreme Court may, on the hearing of the appeal, exercise one or more of the following powers, according to the nature of the case: (a) dismiss the appeal; or (b) affirm, vary or quash the decision, direction or order appealed against; or (c) substitute, or make in addition, any decision, direction or order that could be made by the Board; or (d) remit the subject matter of the appeal to the Board for further hearing or for rehearing; or (e) make any further or other order as to costs, or any other matter, that the case requires. (5) No order for costs can be made against an appellant if he or she is the person to whom the order or decision appealed against relates. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 71 Method of conducting appeal 71. An appeal to the Supreme Court is to be conducted as a review of the decision, direction or order appealed against on the evidence that was reviewed by or presented to the Administrative Appeals Court and on such further evidence as may, with the leave of the Supreme Court, be presented to it. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - DIVISION 4 DIVISION 4-GENERAL PROVISIONS GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 72 Operation of orders pending appeal 72. (1) Subject to subsection (2), a decision, direction or order of the Board or Administrative Appeals Court against which a right of appeal lies continues to operate notwithstanding that right of appeal or the institution of an appeal. (2) The operation of a decision, direction or order against which an appeal has been instituted may, on the application of the appellant, be suspended by the body that made it or by the appellate court pending determination of the appeal, if the body or court thinks special reason exists for doing so. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 73 Representation upon appeals 73. (1) In every appeal or application for leave to appeal to the Administrative Appeals Court or Supreme Court under this Part, the person to whom the proceedings relate is entitled to be represented by counsel in accordance with this section. (2) If a person chooses to be represented by counsel pursuant to this section, he or she is entitled to be represented by a legal practitioner provided pursuant to a scheme established by the Minister for the purposes of this section, being a legal practitioner- (a) chosen by the person himself or herself; or (b) in default of the person making a choice, chosen by such person or authority as the scheme contemplates. (3) A legal practitioner (not being an employee of the Crown or a statutory authority) who represents a person pursuant to this section is entitled to receive fees for his or her services from the Health Commission, in accordance with a prescribed scale, and cannot demand or receive from any other person any further fee for those services. (4) Nothing in this section derogates from the right of the person to whom the proceedings relate to engage counsel at his or her own expense, or to appear personally or by a representative pursuant to any other provision of this Act. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - PART 7 PART 7 MISCELLANEOUS GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 74 Board may give advice, direction or approval 74. (1) A guardian or administrator appointed under this Act may apply to the Board for advice or direction on the exercise of his or her powers under this Act or any other Act or law or as to the scope of those powers or for approval to the taking of any action for which the approval of the Board is required. (2) An application under this section- (a) need not be served on any person; and (b) may be determined by the Board ex parte, unless the Board directs otherwise. (3) A direction given by the Board under this section is binding on the applicant and any other joint guardian or administrator. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 75 Administrators and guardians to keep each other informed 75. Where both a guardian and an administrator have been appointed under this Act in respect of the same person, each must endeavour to keep the other informed of decisions or actions of a substantial nature taken in pursuance of powers under this Act. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 76 Illtreatment or neglect of person with mental incapacity 76. A person having the oversight, care or control of a person with a mental incapacity who illtreats or wilfully neglects that person is guilty of an offence. Penalty: Division 5 fine or division 5 imprisonment. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 77 Offences in relation to certain certificates and reports 77. (1) A medical practitioner, psychologist or member of any other health profession who signs any certificate or report for the purposes of this Act without having seen and personally examined the person to whom the certificate or report relates is guilty of an offence. Penalty: Division 4 fine. (2) A medical practitioner, psychologist or member of any other health profession who wilfully certifies that a person has a mental incapacity, not believing the person to have a mental incapacity, or who wilfully makes any other false or misleading statement in a certificate or report given under or for the purposes of this Act is guilty of an offence. Penalty: Division 5 fine or division 5 imprisonment. (3) A person who, not being a medical practitioner, psychologist or member of another health profession, signs any certificate or report for the purposes of this Act in which he or she describes himself or herself as, or pretends to be a medical practitioner, psychologist or member of some other health profession or otherwise purports to act under this Act in such a capacity, is guilty of an offence. Penalty: Division 5 fine or division 5 imprisonment. (4) A person who by fraudulent means procures or attempts to procure the making of a guardianship or administration order under this Act in respect of a person who does not have a mental incapacity is guilty of an offence. Penalty: Division 5 fine or division 5 imprisonment. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 78 Medical practitioner, psychologist or other health professional cannot act under this Act in respect of a relative 78. A medical practitioner, psychologist or member of any other health profession cannot sign any certificate or report under this Act in respect of a person to whom he or she is related by blood or marriage or who is his or her putative spouse. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 79 Improper inducement to appoint enduring guardian 79. (1) A person who, by dishonesty or undue influence, induces another to execute an instrument appointing an enduring guardian under this Act is guilty of an offence. Penalty: Division 2 imprisonment. (2) A person convicted or found guilty of an offence against this section forfeits any interest that that person might otherwise have had in the estate of the person improperly induced to execute the instrument. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 80 Duty to maintain confidentiality 80. (1) A person engaged in the administration of this Act who divulges any personal information relating to a person in respect of whom any proceedings under this Act have been taken (being information obtained in the course of that administration) is guilty of an offence. Penalty: Division 5 fine. (2) Subsection (1) does not prevent a person from- (a) divulging information if authorised or required to do so by law or by his or her employer; or (b) divulging statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates. (3) A guardian or administrator is not to be taken as being engaged in the administration of this Act. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 81 Prohibition of publication of reports of proceedings 81. (1) Subject to subsection (2), a person must not publish a report of any proceedings under this Act. Penalty: Division 5 fine. (2) The body or court before which proceedings under this Act are heard may, on application by a person who it is satisfied has a proper interest in the matter, authorise the publication of a report of those proceedings. (3) A person who publishes a report pursuant to an authorisation given under subsection (2) must not disclose any information in the report that identifies, or could tend to identify, the person to whom the proceedings relate. Penalty: Division 5 fine. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 82 Service of notices 82. A notice required to be given to any person under this Act may be given personally or by post or facsimile transmission addressed to the person at his or her last known principal place of residence or business. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 83 Protection from liability 83. (1) A person engaged in the administration of this Act incurs no liability for an honest act or omission in the exercise or discharge, or purported exercise or discharge, by the person or by a body of which he or she is a member, of a power, function or duty under this Act. (2) A liability that would, but for subsection (1), lie against a person lies instead against the Crown. (3) A guardian or administrator is not to be taken as being engaged in the administration of this Act. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 84 Evidentiary provisions 84. In any legal proceedings, a document purporting to be signed by the Registrar and to be a copy of an order of the Board made under this Act or any other Act will, in the absence of proof to the contrary, be taken to be evidence of the order. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 85 Regulations 85. The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 86 Expiry of Act 86. This Act will expire on the fourth anniversary of its commencement. GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SCHEDULE SCHEDULE Instrument Appointing an Enduring Guardian 1. I (here insert name, address and occupation), appoint (here insert name, address and occupation of guardian) to be my guardian. 2. I authorise my guardian, in the event that I become mentally incapacitated- (a) to exercise the powers at law or in equity of a guardian; and (b) to consent or refuse to consent to my medical treatment (unless I have a medical agent who is reasonably available and willing to make a decision in the matter). 3. I require my guardian to observe the following conditions in exercising, or in relation to the exercise of, the powers conferred by this instrument: (here set out any conditions to which the powers are subject) 4. This is an appointment of an enduring guardian made under the Guardianship and Administration Act 1993. (signature) Acceptance of Appointment I (here set out name, address and occupation of guardian) accept appointment as a guardian under this instrument and undertake to exercise the powers conferred honestly and in accordance with the principles set out in the Guardianship and Administration Act 1993. (signature) Witness's certificate I (here set out name and address of the witness and the qualification by virtue of which the witness is an authorised witness under the Guardianship and Administration Act 1993) certify: (a) that the signatories to this instrument signed it freely and voluntarily in my presence; and (b) both appeared to understand its effect. (signature) GUARDIANSHIP AND ADMINISTRATION ACT 1993 - APPENDIX 1 APPENDIX APPENDIX 1 LEGISLATIVE HISTORY (entries in bold type indicate amendments incorporated since the last reprint) Section 3(1): definition of "medical agent" inserted by 26, 1995, Sched. 3 cl. 3(a) Section 32(3): amended by 8, 1994, s. 2 Section 58: substituted by 26, 1995, Sched. 3 cl. 3(b) Section 61(1): amended by 26, 1995, Sched. 3 cl. 3(c) Section 62: repealed by 26, 1995, Sched. 3 cl. 3(d) Sectiion 86: amended by 75, 1997, s. 2 GUARDIANSHIP AND ADMINISTRATION ACT 1993 - APPENDIX 2 APPENDIX APPENDIX 2 DIVISIONAL PENALTIES AND EXPIATION FEES At the date of assent to this Act divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows: Division Maximum Maximum Expiation imprisonment fine fee 1 15 years $60 000 - 2 10 years $40 000 - 3 7 years $30 000 - 4 4 years $15 000 - 5 2 years $8 000 - 6 1 year $4 000 $300 7 6 months $2 000 $200 8 3 months $1 000 $150 9 - $500 $100 10 - $200 $75 11 - $100 $50 12 - $50 $25 Note: This appendix is provided for convenience of reference only. |
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