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 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.