Queensland Consolidated Acts

DRUGS MISUSE ACT 1986 - SECT 137

137 Transitional provision for ss 130–131B

(1) This section applies if—

(a) before the commencement an originating step for a proceeding for an offence to which section 130, 131 or 131A applies was taken; and

(b) before the commencement, a committal hearing or summary hearing had not been held in relation to the defendant for the proceeding for the offence; and

(c) the committal hearing or summary hearing is not listed for hearing during the relevant period.

(2) On the commencement—

(a) section 130, 131 or 131A applies to a proceeding against the defendant for the offence; and

(b) section 131B applies to the defendant, subject to subsection (3).

(3) For applying section 131B(2) to a proceeding against the defendant, the originating step for the proceeding is taken to have been taken on the commencement and a prosecution information notice may be served on the defendant within 28 days after the commencement.

(4) In this section—

"commencement" means the commencement of this section.

"relevant period" means the period—

(a) starting on the day this section commences; and

(b) ending on the day that is 56 days later.