Queensland Consolidated Acts

DRUGS MISUSE ACT 1986 - SECT 122A

122A Particular proceedings for minor drugs offences

(1) This section applies to a proceeding for an offence against this Act that is a minor drugs offence as defined in the Police Powers and Responsibilities Act 2000 , schedule 6 .

(2) However, this section applies only if the person charged with having committed the minor drugs offence pleads guilty to the offence.

(3) The court may, if the person is eligible under the Police Powers and Responsibilities Act 2000 , section 379 to be offered an opportunity to attend a drug diversion assessment program, order the person to attend, and complete, a drug diversion assessment program as directed by a police officer.

(4) Before making the order, the court must inform the defendant that if the court makes the order and the defendant fails to attend and complete the drug diversion assessment program, the defendant will be dealt with by the court as if the order had not been made.

(5) The court may also make any other order the court considers appropriate for ensuring the defendant’s attendance at the drug diversion assessment program, including an order requiring the provider of the drug diversion assessment program to give the court a report about the defendant’s attendance at and completion of the drug diversion assessment program.

(6) On the making of the orders under this section the proceeding against the defendant is adjourned until a date fixed by the court or a date to be fixed.