Section 316 (3)
substitute
(3) The Supreme Court must direct the ACAT to appoint a guardian with power to notify the court under subsection (2) (b) (ii) if the court is satisfied that—
(a) there is no guardian who has power to do so; and
(b) the accused is
incapable of making the election mentioned in subsection (2) (a) (i).
Part 4 Crimes (Restorative Justice) Act 2004