(1) This section applies if:
(a) the alleged offender is brought before a court under section 70PB; and
(b) there is no application, or no longer any application, before the court for the alleged offender to be dealt with under Division 13A for the alleged contravention; and
(c) so far as the court is aware, there is no application, or no longer any application, before any other court for the alleged offender to be dealt with under Division 13A for the alleged contravention.
(2) The court must, without delay, order the release of the alleged offender.