Page 3503 - Week 10 - Thursday, 20 October 2022

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(b) for a person who is under 18 years old means any of the following—

(i) a drug of dependence for which a small quantity is prescribed;

(ii) a prohibited substance for which a small quantity is prescribed;

(iii) cannabis for which a small quantity is prescribed.

small quantity fraction, for a relevant substance a person possesses, means—

the actual quantity for the relevant substance

the small quantity for the relevant substance

8 Section 171A

substitute

171A Offence notices

(1) If a police officer believes on reasonable grounds that a person has committed a simple drug offence, the police officer may serve an offence notice on the person.

(2) If an offence notice is served on a child and the police officer serving the notice believes on reasonable grounds that the child is living with a person with parental responsibility for the child, the police officer must serve a copy of the notice on the person with parental responsibility.

(3) An offence notice must—

(a) specify the nature of the alleged simple drug offence to which the notice relates; and

(b) specify the date and time when, and place where, the simple drug offence is alleged to have been committed; and

(i) pays the prescribed penalty for the alleged offence within 60 days after the date of service of the notice; or

(ii) satisfies the attendance requirements of an approved drug diversion program within 60 days after the date of service of the notice; and

(d) specify details of the following:

(i) for payment of the penalty—the amount of the penalty, how the penalty may be paid and the place where payment may be made;

(ii) for attendance at a drug diversion program—where and how to satisfy the attendance requirements of the program; and

(e) for a notice alleging a simple drug offence involving cannabis state that—

(i) unless a court orders otherwise, the government analyst may, under section 193C (Destruction of cannabis without court order), destroy seized cannabis without a court order; and

(ii) the alleged offender may apply to the Magistrates Court, under section 193D (Order for preservation of cannabis), for an order for the preservation of cannabis to which the alleged simple drug offence relates; and

(f) contain any other particulars prescribed by regulation.

(4) If the alleged offender pays the penalty in accordance with subsection (3) (d) (i), or satisfies the attendance requirements in accordance with subsection (3) (d) (ii)—

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