(1) This section applies if an accused is charged and the Magistrates Court makes a finding of not guilty because of mental impairment.
(2) The Magistrates Court must—
(a) order that the accused be detained in custody for immediate review by the ACAT under the Mental Health Act 2015
, section 180; or
(b) if, taking into account the criteria for detention in section 308, it is more appropriate—order that the accused submit to the jurisdiction of the ACAT to allow the ACAT to make a mental health order or a forensic mental health order under the Mental Health Act 2015