Australian Capital Territory Consolidated Acts

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DRUGS OF DEPENDENCE ACT 1989 - SECT 129

Revocation and variation of periods of orders

    (1)     On the application of an offender in relation to whom a treatment order was made, or of the director in relation to a treatment order, the court that made that order may—

        (a)     revoke the order; or

        (b)     with the consent of the relevant offender, vary the order by extending or reducing the period during which the order is to remain in force;

in accordance with the recommendation of a panel if, having regard to the circumstances that have arisen since the order was made, it appears to the court to be in the interests of justice to do so.

    (2)     If, under subsection (1), a court revokes an order, the court may make any other order in relation to the relevant offender that it considers appropriate, being an order that the court would, if the offender were then before the court for sentence for the offence in relation to which the firstmentioned order was made, be empowered to make, and in making such an order the court shall have regard to—

        (a)     the length of the period or periods of compliance with the firstmentioned order; and

        (b)     any other orders made in relation to the original offence.

    (3)     If an offender applies to a court under subsection (1), the proper officer of the court shall give a copy of the application and notice of the time and place fixed for the hearing of the application to the director.

    (4)     The director shall not apply to a court under subsection (1) unless a panel has recommended that a treatment order be revoked or that the period during which the order is to remain in force be reduced or extended.

    (5)     If the director applies to a court under subsection (1), the director shall give the proper officer of the court a copy of the relevant recommendation made by a panel.

    (6)     If the director applies to a court under subsection (1), the court shall issue a summons to the offender to appear before it on the hearing of the application and, if he or she does not appear in answer to the summons, the court shall adjourn the hearing of the application and may issue a warrant for the apprehension of the offender and for the offender to be brought before the court.



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