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This is a Bill, not an Act. For current law, see the Acts databases.
2023
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2023
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Sentencing (Drug and Alcohol Treatment Orders) Legislation Amendment Bill 2023
A Bill for
An Act to amend legislation about sentencing, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Sentencing (Drug and Alcohol Treatment Orders) Legislation Amendment Act 2023
.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the
and the
.
Part 2 Crimes (Sentence Administration) Act 2005
4 Application—pt
5A.3
Section 82B (b)
omit
section 80ZD (2) (d) (i)
substitute
section 80ZD (3A) (a)
omit
section 80ZD (2) (d) (ii)
substitute
section 80ZD (3A) (b)
Part 3 Crimes (Sentencing) Act 2005
6 Drug and alcohol treatment
orders
Section 12A (1) (b)
substitute
(b) the Supreme Court convicts the offender of the eligible offence and sentences the offender to a term of imprisonment for—
(i) if the offender is convicted of 1 eligible offence only—at least 1 year but not more than 4 years; or
(ii) if the offender is convicted of more than 1 eligible offence—a total period of at least 1 year but not more than 4 years; and
omit
fully
substitute
(3) A drug and alcohol treatment order, in suspending a sentence of imprisonment, must—
(a) if the sentence is taken to have started on a day before the day the sentence is imposed—suspend the remaining part of the sentence beginning on the day the sentence is imposed; or
(b) in any other case—fully suspend the sentence.
substitute
(a) the offender must not be subject to more than 1 treatment order at any particular time; and
(b) a treatment order may apply to more than 1 eligible offence dealt with in the same sentencing proceeding; and
omit
subsection (3)
substitute
subsection (1) (b)
11 Section 12A (9), definition of associated offence
omit
12 Section 12A (9), new definition of treatment program
insert
treatment program—see section 80Z (1) (a).
13 Drug and alcohol treatment
orders—suitability
Section 80T (1), note
omit
14 Custodial part of treatment
orders
Section 80W (1) (a)
omit
at least 1 year but not more than 4 years
substitute
a term mentioned in section 12A (1) (b)
omit
fully suspends the sentence of imprisonment
substitute
suspends the sentence of imprisonment as mentioned in section 12A (3)
16 Treatment and supervision part of
treatment orders
Section 80X (2) (b) (ii)
substitute
(ii) if the court earlier cancels the order, or the treatment and supervision part of the order—on the day of cancellation.
17 Core conditions
New
section 80Y (1) (da)
insert
(da) must submit to alcohol and drug testing under the Corrections Management Act 2007
when directed by a member of the treatment and supervision team for the treatment order; and
18 Treatment program
conditions
Section 80Z (2) (f)
omit
omit
under alcohol or drug testing
substitute
for alcohol or a drug
substitute
Division 5.4A.7 Drug and alcohol treatment orders—breaches etc
21 Breach of treatment
order—other than commission of offence
New section 80ZB (1) (d)
(vii) and (viii)
insert
(vii) undergo an assessment for admission to a residential rehabilitation program and, if found suitable, participate in the program;
(viii) any other condition, not inconsistent with this Act or the Crimes (Sentence Administration) Act 2005
, that the court considers appropriate;
insert
(2A) The court may make an order under subsection (1) (e) for longer than 14 days if satisfied that treatment appropriate to achieve the objects of the treatment order will only become available to the offender at the end of the longer period.
omit
an order made under subsection (1) has breached the order
substitute
a condition of an order made under subsection (1) (d) has breached the condition
24 Breach of treatment
order—commission of offence
Section 80ZD (1)
substitute
(1) This section applies if—
(a) an offender to whom a treatment order applies commits an offence against a law in force in Australia or elsewhere (a further offence) while subject to the order; and
(b) the further offence is punishable by imprisonment; and
(c) the court—
(i) convicts the offender of the further offence; or
(ii) is satisfied that the offender was convicted by another court, in the ACT or elsewhere, of the further offence.
omit
sentence imposed on the offender for the further offence is not a sentence of imprisonment
substitute
offender is not subject to a sentencing order for the further offence
substitute
(d) make an order cancelling the treatment order.
substitute
(3) If the offender is subject to a sentencing order for the further offence, the court must make an order cancelling the treatment order.
Note A sentence of imprisonment suspended under a treatment order is not part of a suspended sentence order (see s 12 (7)).
(3A) If the court cancels a treatment order under subsection (2) (d) or (3), the court must either—
(a) impose the sentence of imprisonment that was suspended under the custodial part of the treatment order; or
(b) if the court considers it appropriate in the circumstances—resentence the offender for each offence in relation to which the treatment order was made and in any way in which the court could deal with the offender if it had convicted the offender of each offence at the time of resentencing, other than by making an order under section 12A (Drug and alcohol treatment orders).
insert
(8) In this section:
sentencing order—see section 12A (9).
29 Drug and alcohol treatment
orders—review
Section 80ZH (4) (b)
omit
section 80ZD (2) (d) (i)
substitute
section 80ZD (3A) (a)
omit
section 80ZD (2) (d) (ii)
substitute
section 80ZD (3A) (b)
31 Application—pt
5.5
Section 81 (c)
substitute
(c) the sentence of imprisonment is not—
(i) fully suspended; or
(ii) suspended under the custodial part of a drug and alcohol treatment order.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 31 August 2023.
2 Notification
Notified under the
on 2023.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2023
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