109Establishment of declared mental health facilities

#### 109 Establishment of declared mental health facilities 109 Establishment of declared mental health facilities (cf 1990 Act, s 208) > > (1) The Secretary, by order published in the Gazette— > > > > > (a) may declare any premises to which this section applies and that are specified or described in the order to be a declared mental health facility, and > > > > > (b) may, in the same or another order so published, name the premises so specified or described, and > > > > > (c) may, in the same or another order so published, limit the provisions of this Act or the purposes under this Act for which the facility is a declared mental health facility. > > > (2) Without limiting subsection (1), an order may do any of the following— > > > > > (a) designate a declared mental health facility as a facility of a specified class, > > > > > (b) designate the purposes for which a mental health facility of a specified class may be used, > > > > > (c) impose restrictions on the use of a mental health facility for specified purposes, > > > > > (d) impose any other conditions in relation to the operation of the facility as a mental health facility. > > > (3) This section applies to the following premises— > > > > > (a) premises that belong to or are under the control of the Crown or a person acting on behalf of the Crown, > > > > > (b) premises that are under the control of a public health organisation within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154), > > > > > (c) premises that the owner or person who has control of the premises has agreed, by an instrument in writing given to the Secretary, to being premises to which this section applies.