Australian Capital Territory Consolidated Acts

DRUGS OF DEPENDENCE ACT 1989 - SECT 125

    (1)     If, after a treatment order has been made by a court in relation to an offender, the offender is—

        (a)     convicted by the Supreme Court of an offence of the type referred to in section 122 (1); or

        (b)     is committed to the Supreme Court under subsection (3) (b);

the Supreme Court may deal with the offender in relation to that order in like way as the firstmentioned court could deal with him or her under section 124 if he or she had committed an offence against section 124 (2).

    (2)     The powers of the Supreme Court under subsection (1) are in addition to its powers to deal with the offender in relation to the offender's later offence referred to in subsection (1) (a).

    (3)     If, after a treatment order has been made in relation to an offender, the offender is convicted by the Magistrates Court of an offence of the type referred to in section 122 (1), then, in addition to dealing with the offender in relation to that offence, the court—

        (a)     may, if the order was made by that court, deal with the offender in the like way as it could deal with him or her under section 124 if he or she had committed an offence against section 124 (2) in relation to the order; or

        (b)     shall, if the order was made by the Supreme Court, commit the offender to the Supreme Court to be dealt with in accordance with subsection (1).

    (4)     If, under subsection (3) (b), the Magistrates Court commits an offender to the Supreme Court, the Magistrates Court may grant bail to the offender, on condition that he or she appears before the Supreme Court at a time and place to be fixed to be dealt with by the Supreme Court in accordance with subsection (1), or may direct that he or she be kept in the custody the Magistrates Court directs until he or she can be brought before the Supreme Court.