(1) This section applies if, on a reference in relation to a person, the Mental Health Court decides the person—(a) was of unsound mind when the offence was allegedly committed; or(b) is unfit for trial and the unfitness for trial is permanent.
(2) The court must make the order required under division 2 or 3 for the person.
(3) However, if the court is not required under division 2 or 3 to make an order for the person, the court may make no order for the person.