Queensland Consolidated Acts

DRUGS MISUSE ACT 1986 - SECT 13A

13A Offences that may be dealt with summarily if treatment order is sought

(1) If a person is charged with the commission of an offence mentioned in subsection (3) , or an attempt to commit the offence, proceedings in relation to the charge may be taken summarily.

(2) However, the proceedings may be taken summarily only if both the person and prosecution agree to a treatment order being made for the offence.

(3) For subsection (1) , the offences are—

(a) an offence mentioned in section 6 (1) , if the person is liable on conviction to not more than the penalty mentioned in paragraph (c) of the maximum penalty for that section; or

(b) an offence mentioned in section 8 (1) , if the person is liable on conviction to not more than the penalty mentioned in paragraph (b) (i) , (c) or (d) of the maximum penalty for that section; or

(c) an offence defined in section 9 (1) , if—

(i) the person is liable on conviction to a penalty mentioned in paragraph (b) (i) or (c) of the maximum penalty for that section; and

(ii) the offence can not be dealt with summarily under section 14 .

(4) Despite subsection (1) , proceedings may not be taken summarily in relation to a charge of an offence mentioned in subsection (3) if the prosecution alleges the offence was committed with the circumstances of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q .

(5) A person against whom proceedings are taken summarily under this section is liable, on conviction, to not more than 4 years imprisonment.