sec.832Making of reference under repealed Act by director or director of public prosecutions

sec.832 Making of reference under repealed Act by director or director of public prosecutions

This section applies if— before the commencement, the director was satisfied the repealed Act, chapter 7, part 2 applied to an involuntary patient; and immediately before the commencement, the director had not under the repealed Act, section 240(1) referred the matter of the patient’s mental condition relating to the offence with which the patient was charged to the Mental Health Court or director of public prosecutions. The repealed Act, chapter 7, parts 1 to 3 continues to apply, as if the new Act had not commenced. A reference made to the Mental Health Court under the repealed Act, section 240 or 247 as applied by this section is taken to have been made under the new Act. (sec.832-ssec.1) This section applies if— before the commencement, the director was satisfied the repealed Act, chapter 7, part 2 applied to an involuntary patient; and immediately before the commencement, the director had not under the repealed Act, section 240(1) referred the matter of the patient’s mental condition relating to the offence with which the patient was charged to the Mental Health Court or director of public prosecutions. (sec.832-ssec.2) The repealed Act, chapter 7, parts 1 to 3 continues to apply, as if the new Act had not commenced. (sec.832-ssec.3) A reference made to the Mental Health Court under the repealed Act, section 240 or 247 as applied by this section is taken to have been made under the new Act.

• (a) before the commencement, the director was satisfied the repealed Act, chapter 7, part 2 applied to an involuntary patient; and
• (b) immediately before the commencement, the director had not under the repealed Act, section 240(1) referred the matter of the patient’s mental condition relating to the offence with which the patient was charged to the Mental Health Court or director of public prosecutions.