Section 68 of the Principal Act is amended—
(a) by inserting in the definition of “order to determine fitness” in subsection (1) “or the Magistrates Court” after “Supreme Court”; and
(b) by omitting subsection (3) and substituting the following subsections:
“(3) The Tribunal shall make a determination that a person is unfit to plead to a charge if satisfied that the person's mental processes are disordered or impaired to the extent that the person is unable—
(a) to understand the nature of the charge;
(b) to enter a plea to the charge and to exercise the right to challenge jurors or the jury;
(c) to understand that the proceedings are an inquiry as to whether the person committed the offence;
(d) to follow the course of the proceedings;
(e) to understand the substantial effect of any evidence that may be given in support of the prosecution; or
(f) to give instructions to his or her legal representative.
“(3A) A person is not unfit to plead only because he or she is suffering from memory loss.”.