Australian Capital Territory Consolidated Acts

DRUGS OF DEPENDENCE ACT 1989 - SECT 122

    (1)     If a court finds an offence against this Act or against any other law in force in the ACT proved against a person, the court may, having regard to whether the person may have been—

        (a)     under the influence of a drug of dependence or a prohibited substance when he or she committed the offence; or

        (b)     motivated to commit the offence by a desire—

              (i)     to administer a drug of dependence or prohibited substance to himself or herself; or

              (ii)     to obtain such a drug or substance for administration to himself or herself; or

              (iii)     to obtain resources to enable him or her to obtain such a drug or substance for administration to himself or herself;

order the person to submit himself or herself for assessment by a panel and, if so required by the panel, for assessment at an approved treatment centre or centres.

    (2)     A court shall only make an order under subsection (1)—

        (a)     with the consent of the offender; and

        (b)     before convicting or sentencing the offender, or otherwise disposing of the matter.

    (3)     If a court makes an order under subsection (1) in relation to an offender, the proper officer of the court shall—

        (a)     write down the order in accordance with the form approved under section 205 (Approved forms) for this section; and

        (b)     give a copy of the order to the offender and to the director.