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CRIMES (SENTENCING) ACT 2005 - SECT 80ZM

Immunity from criminal liability

    (1)     An offender's admission of guilt in relation to a relevant drug offence is not admissible in evidence in a proceeding in relation to that offence if the admission was made during—

        (a)     the preparation of a drug and alcohol treatment assessment of the offender; or

        (b)     administering a treatment order for the offender.

    (2)     The admission, and any evidence obtained as a result of the admission, is not admissible in a criminal proceeding against the offender for the relevant drug offence.

    (3)     However, subsections (1) and (2) do not prevent a criminal proceeding against the offender for the relevant drug offence if evidence of the offence exists in a form other than the admission made by the offender or the evidence obtained as a result of the admission.

    (4)     In this section:

"relevant drug offence" means the following:

        (a)     an offence against the Criminal Code

, section 618;

        (b)     an offence against the Drugs of Dependence Act 1989

, section 162, section 164, section 169 or section 171;

        (c)     an offence against the Medicines, Poisons and Therapeutic Goods Act 2008

, section 26 (2), section 34 (1) or (2), section 37 (2) or section 43 (3);

        (d)     an offence prescribed by regulation.



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