Tasmanian Consolidated Acts

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CRIMINAL JUSTICE (MENTAL IMPAIRMENT) ACT 1999 - SECT 42

Persons currently held in custody
(1)  If, immediately before the commencement of this section, a person was detained in custody under a restriction order in force under section 382 of the Criminal Code or under Division 2 of Part IV of the Mental Health Act 1963 , that person is taken to be subject to a restriction order made under this Act on the commencement of this section.
(2)  Notwithstanding section 37 , immediately after the commencement of this section the Mental Health Tribunal must review the detention of a person who is taken by virtue of subsection (1) to be subject to a restriction order made under this Act on that commencement.
(3)  Subsections (2) and (3) of section 37 have the same application to a review held under subsection (2) as they have to a review held under that section.



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