44Savings and transitional provisions consequent on the enactment of the Mental Health Amendment (Secure Mental Health Unit) Act 2005

### 44 Savings and transitional provisions consequent on the enactment of the Mental Health Amendment (Secure Mental Health Unit) Act 2005 > [*\[Section 44 Substituted by No. 72 of 2005, s. 116, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS116@EN) > > > (1)  In this section – > > > > > ***commencement day*** means the day on which the [Mental Health Amendment (Secure Mental Health Unit) Act 2005](/view/html/inforce/2026-04-12/act-2005-072) commences; > > > > > ***former Act*** means this Act as in force immediately before the commencement day. > > > (2)  Where appropriate, an order made under the former Act that is in force immediately before the commencement day continues in effect in accordance with its terms and is taken to have been made under this Act. > > > (3)  A supervision order made under the former Act by a court other than the Supreme Court and in force immediately before the commencement day is taken to have been made by the Supreme Court under this Act. > > > (4)  The Forensic Tribunal is to review a restriction order or supervision order made under the former Act under [section 37](#GS37@EN) but the first review is to be undertaken at a time to be determined by the Forensic Tribunal. > > > (5)  For the purposes of [subsection (4)](#GS44@Gs4@EN) , the Forensic Tribunal is not limited to determining, for the undertaking of the first review of the restriction order or supervision order, a time that is within the period of 12 months commencing on the commencement day.