(1) This section applies to a forensic patient who is not (a) subject to an order of detention referred to in section 41(1A) of the Criminal Justice (Mental Impairment) Act 1999 ; or(b) subject to a treatment order referred to in section 41(1B) of the Criminal Justice (Mental Impairment) Act 1999 .(2) If a magistrate is satisfied that the magistrate may issue a warrant authorising the patient's arrest and his or her return to the SMHU.(a) the patient should be in the custody of the controlling authority of an SMHU; and(b) there are reasonable grounds to suspect that the patient has absconded from that custody and is no longer in Tasmania (3) A warrant under subsection (2) is not to be held void by reason of a formal defect in it.