sec.834Hearing of reference continues under repealed Act

sec.834 Hearing of reference continues under repealed Act

The reference may be heard, or continue to be heard, and dealt with under the repealed Act as if the new Act had not commenced. See also section 858 in relation to suspension of the proceeding against the person for the unlawful act to which the reference relates. A decision or order made by the court under the repealed Act, chapter 7, part 6 is taken to have been made under the new Act, chapter 5. Without limiting subsection (2)— an order made by the court under the repealed Act, section 273 is taken to have been made under the new Act, section 124; and limited community treatment approved for the patient by the court under the repealed Act, section 275 is taken to be approved under the new Act. Despite subsection (1), the repealed Act, sections 278 and 279 do not apply if the court orders the detention of the patient in an authorised mental health service. If the proceeding for the offence alleged to have been committed by the person is stayed under the repealed Act, section 280, the stay ends in accordance with the new Act. (sec.834-ssec.1) The reference may be heard, or continue to be heard, and dealt with under the repealed Act as if the new Act had not commenced. See also section 858 in relation to suspension of the proceeding against the person for the unlawful act to which the reference relates. (sec.834-ssec.2) A decision or order made by the court under the repealed Act, chapter 7, part 6 is taken to have been made under the new Act, chapter 5. (sec.834-ssec.3) Without limiting subsection (2)— an order made by the court under the repealed Act, section 273 is taken to have been made under the new Act, section 124; and limited community treatment approved for the patient by the court under the repealed Act, section 275 is taken to be approved under the new Act. (sec.834-ssec.4) Despite subsection (1), the repealed Act, sections 278 and 279 do not apply if the court orders the detention of the patient in an authorised mental health service. (sec.834-ssec.5) If the proceeding for the offence alleged to have been committed by the person is stayed under the repealed Act, section 280, the stay ends in accordance with the new Act.

• (a) an order made by the court under the repealed Act, section 273 is taken to have been made under the new Act, section 124; and
• (b) limited community treatment approved for the patient by the court under the repealed Act, section 275 is taken to be approved under the new Act.