Australian Capital Territory Current Acts

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DRUGS OF DEPENDENCE ACT 1989 - SECT 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

        (c)     state that no further action will be taken in relation to the alleged simple drug offence if the alleged offender—

              (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)—

        (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 attending the first session of 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).



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