Criminal Code Act 1983

If the question of an accused person's fitness to stand trial arises at committal proceedings:

the accused person is not to be discharged only because the question has been raised during the committal proceedings;

the committal proceedings are to be completed in accordance with the Local Court (Criminal Procedure) Act 1928 (whether or not section 110 of that Act is complied with); and

if the accused person is committed for trial – the question is to be reserved for consideration by the court during the trial of the accused person.

In the event of an inconsistency between Part V of the Local

Court (Criminal Procedure) Act 1928 and this section, this section prevails to the extent of the inconsistency.