DRUG COURT ACT 1998 - SCHEDULE 2

DRUG COURT ACT 1998 - SCHEDULE 2

SCHEDULE 2 – Savings, transitional and other provisions

(Section 34)

Part 1 - Preliminary

1 Savings and transitional regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

this Act

Drug Court Amendment Act 2002

Compulsory Drug Treatment Correctional Centre Act 2004 (but only to the extent that it amends this Act)

Crimes and Courts Legislation Amendment Act 2005

Crimes and Courts Legislation Amendment Act 2006 (but only to the extent that it amends this Act)

any other Act that amends this Act

(2) Such a provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.

(3) To the extent to which such a provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of that publication.

Part 2 - Provisions consequent on enactment of Drug Court Act 1998

2 Transitional provision for past offences

Part 2 applies to and in respect of an offence committed before the commencement of that Part in the same way as it applies to and in respect of an offence committed after that commencement, and so applies whether proceedings for the offence were commenced before or after that commencement.

Part 3 - Provisions consequent on enactment of Drug Court Amendment Act 2002

3 Application of Drug Court Amendment Act 2002 to existing programs

Each amendment made to this Act by any of the following provisions of the Drug Court Amendment Act 2002 extends to a program under this Act that is in effect immediately before the commencement of the amendment:

(a) Schedule 1 [1] and [2],

(b) Schedule 1 [5] (but only to the extent it inserts section 7 (5A) in this Act),

(c) Schedule 1 [6],

(d) Schedule 1 [7],

(e) Schedule 1 [8],

(f) Schedule 1 [9],

(g) Schedule 1 [11].

Part 4 - Provision consequent on enactment of Compulsory Drug Treatment Correctional Centre Act 2004

4 Compulsory drug treatment order may be made in relation to certain existing inmates

(1) Subject to subclause (2), Part 2A does not apply to a person who was sentenced before the commencement of this clause.

(2) The Drug Court may make a compulsory drug treatment order in relation to a person who:

(a) was convicted of an offence, other than an offence referred to in section 5A (2), and was sentenced to serve a term of imprisonment by way of full-time detention for that offence within the period of 12 months before the commencement of this clause, and

(b) would be an eligible convicted offender if section 5A (1) (a) and (b) were disregarded,

but only if:

(c) the unexpired non-parole period in relation to that sentence is a period of at least 18 months but not more than 3 years at the time the Drug Court makes the order, and

(d) the person would, but for the sentence of imprisonment, be ordinarily a resident of a local government area prescribed by the regulations.

Part 5 - Provisions consequent on enactment of Crimes and Courts Legislation Amendment Act 2006

5 Crimes and Courts Legislation Amendment Act 2006

The amendments made to this Act by the Crimes and Courts Legislation Amendment Act 2006 do not apply to any proceedings commenced before the commencement of those amendments.

6 References to this Act in the Drug Court Regulation 2005

A reference in the Drug Court Regulation 2005 :

(a) to section 8AA of this Act is taken to be a reference to section 7, and

(b) to section 7 (2) (c) of this Act is taken to be a reference to section 7A (2) (d), and

(c) to section 8AB (2) (d) of this Act is taken to be a reference to section 7B (2) (d), and

(d) to section 8AC of this Act is taken to be a reference to section 7C, and

(e) to section 8 of this Act is taken to be a reference to section 7D.

Part 6 - Provisions consequent on enactment of Drug Court Legislation Amendment Act 2014

7 Definition

In this Part,
"amending Act" means the Drug Court Legislation Amendment Act 2014 .

8 Eligible convicted offenders

Section 5A (as in force before the commencement of the amending Act) continues to apply to persons sentenced before its amendment.

9 Effect of compulsory drug treatment order

The amendment made to section 18G by the amending Act applies only to compulsory drug treatment orders made under this Act after the commencement of the amending Act.