Page 3504 - Week 10 - Thursday, 20 October 2022
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(a) any liability of the person in relation to the alleged simple drug offence is discharged; and
(b) no further proceeding may be taken in relation to the alleged simple drug offence; and
(c) the person must not be regarded as having been convicted of the alleged simple drug offence.
(5) Except as provided in subsection (4), this section does not affect the institution or prosecution of a proceeding for a simple drug offence.
(6) Any substance, equipment or object seized under any Act in connection with the alleged simple drug offence that would have been liable to forfeiture in the event of a conviction is forfeited to the Territory on—
(a) payment of the penalty in accordance with subsection (3) (d) (i); or
(b) satisfying the attendance requirements of the approved drug diversion program in accordance with subsection (3) (d) (ii).
(7) In this section:
approved drug diversion program means a program approved under section 171BB.
attendance requirements, for an approved drug diversion program, means—
(a) attending the assessment session of the program; and
(b) attending any other part of the program that the person is required to attend after the assessment session is completed; and
(c) complying with all reasonable directions given in relation to the program.
child means a person who is under 18 years old on the date of the alleged offence.
person with parental responsibility, for a child—means a person with parental responsibility for the child under the Children and Young People Act 2008, division 1.3.2.
simple drug offence means an offence against any of the following:
(a) section 162 (1);
(b) section 169 (1);
(c) section 171 (1);
(d) section 171AA (1).
10
Proposed new clause 12A
Page 6, line 20—
insert
12A New section 171BB
in part 10, insert
171BB Drug diversion program
(1) The Minister may approve a drug diversion program for the assessment and treatment of people who are found in possession of drugs of dependence or prohibited substances.
(2) An approval is a notifiable instrument.
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