Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 15C

15C Meaning of eligible drug offender

(1) An
"eligible drug offender" is a person charged with an eligible drug offence who has pleaded guilty to the offence.

(2) The person is not an
"eligible drug offender" if—

(a) a charge against the person for a disqualifying offence is pending in a court; or

(b) the person has, at any time, been convicted of a disqualifying offence; or

(c) 2 diversion alternatives have previously been given to the person.

(3) For subsection (2) (b) , a conviction of a disqualifying offence does not include a conviction in relation to which the rehabilitation period has expired, and not been revived, under the Criminal Law (Rehabilitation of Offenders) Act 1986 .

(4) For subsection (2) (c) —

(a) a diversion alternative has been given to the person if—

(i) a court has made an order in relation to the person under section 19 (1) (b) that includes a drug diversion condition; or

(ii) the offender has, at any time, agreed under the Police Powers and Responsibilities Act 2000 , section 379 to participate in a drug diversion assessment program; or

(iii) the person has been given a prescribed diversion alternative under a law of another State or the Commonwealth; and

(b) for counting the number of diversion alternatives given to the person, a diversion alternative—

(i) is counted even if it was given for an offence committed before the diversion alternative counted as the first diversion alternative was given; and

(ii) is not counted if it was given on the same day as the diversion alternative counted as the first diversion alternative was given.

(5) In this section—

"conviction" see the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 3 .

"prescribed diversion alternative" means circumstances prescribed under a regulation for this definition that are similar to the circumstances mentioned in subsection (4) (a) (i) or (ii) .

"rehabilitation period" see the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 3 .

"revived" see the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 3 .