(1) This section applies if the person—(a) has previously been offered the opportunity to participate in a drug diversion assessment program under section 379 , whether before or after the commencement of this section; and(b) has not previously been offered the opportunity to participate in a drug diversion assessment program under this section.
(2) If the person is an adult, a police officer must offer the person the opportunity to participate in a subsequent drug diversion assessment program.
(3) If the person is a child, a police officer may offer the person the opportunity to participate in a subsequent drug diversion assessment program.
(4) A police officer may make the offer at any time before the person appears before a court to answer a charge of the minor drugs offence.
(5) When making the offer, the police officer must explain the nature and effect of the drug diversion assessment program—(a) to the person; and(b) if a support person is present when the offer is made—to the support person.