42Persons currently held in custody

### 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](/view/html/inforce/2026-04-12/act-1963-063#HPIV@HD2@EN) [Mental Health Act 1963](/view/html/inforce/2026-04-12/act-1963-063) , 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](#GS37@EN) , 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)](#GS42@Gs1@EN) to be subject to a restriction order made under this Act on that commencement. > > > (3)  [Subsections (2)](#GS37@Gs2@EN) and [(3)](#GS37@Gs3@EN) of [section 37](#GS37@EN) have the same application to a review held under [subsection (2)](#GS42@Gs2@EN) as they have to a review held under that section.