79Effect of treatment order

### 79 Effect of treatment order > > (1)  [*\[Section 79 Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014\]*](/view/html/inforce/2014-02-17/act-2013-069#JS1@Ja22@GC6@Hpa@EN) [*\[Section 79 Subsection (1) amended by No. 22 of 1999, s. 11, Applied:01 Nov 1999\]*](/view/html/inforce/1999-11-01/act-1999-022#GS11@Hpa@EN) If a treatment order is made in respect of a person who is liable to serve a sentence of imprisonment, any powers and authorities that may be exercised in pursuance of that treatment order may be so exercised notwithstanding that the person is liable to serve that sentence of imprisonment or any sentence imposed so as to run concurrently or cumulatively with that sentence. > > > (2)  [*\[Section 79 Subsection (2) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014\]*](/view/html/inforce/2014-02-17/act-2013-069#JS1@Ja22@GC6@Hpb@EN) [*\[Section 79 Subsection (2) amended by No. 22 of 1999, s. 11, Applied:01 Nov 1999\]*](/view/html/inforce/1999-11-01/act-1999-022#GS11@Hpb@EN) For the purposes of this section, if a treatment order is made on the conviction of a person for any offence or any offences and a sentence of imprisonment is also passed upon that person for that offence or any of those offences, that person is to be taken, at the time the treatment order is made, to be liable to serve that sentence of imprisonment. > > > (3)  Nothing in [subsection (1)](#GS79@Gs1@EN) prevents – > > > > > > (a) [*\[Section 79 Subsection (3) amended by No. 22 of 1999, s. 11, Applied:01 Nov 1999\]*](/view/html/inforce/1999-11-01/act-1999-022#GS11@Hpc@EN) [*\[Section 79 Subsection (3) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014\]*](/view/html/inforce/2014-02-17/act-2013-069#JS1@Ja22@GC6@Hpc@EN) the putting into execution in respect of a person in respect of whom a treatment order is in force, of any sentence of imprisonment passed on that person the execution of which has been suspended; or > > > > > > > (b) the carrying out in respect of that person of any sentence, order or other determination of a court other than such a sentence as is referred to in that subsection. > > > (4)  [*\[Section 79 Subsection (4) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014\]*](/view/html/inforce/2014-02-17/act-2013-069#JS1@Ja22@GC6@Hpd@EN) [*\[Section 79 Subsection (4) amended by No. 72 of 2005, s. 134, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS134@EN) [*\[Section 79 Subsection (4) amended by No. 22 of 1999, s. 11, Applied:01 Nov 1999\]*](/view/html/inforce/1999-11-01/act-1999-022#GS11@Hpd@EN) If a treatment order has been made in respect of a person who is liable to serve a sentence of imprisonment, that person may, until admitted to an approved hospital under that order, be detained or otherwise dealt with as if that treatment order had not been made.