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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
DRUG REHABILITATION
(NORTH QUEENSLAND
COURT DIVERSION
INITIATIVE) AMENDMENT
BILL 2002
Queensland
DRUG REHABILITATION (NORTH
QUEENSLAND COURT DIVERSION
INITIATIVE) AMENDMENT BILL 2002
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4A Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 6 (Who is an "eligible person") . . . . . . . . . . . . . . . . . . . . . 4
6 Amendment of s 7 (What is a "disqualifying offence") . . . . . . . . . . . . . . . . 5
7 Insertion of new ss 7A to 7D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7A What is a "disqualifying term of imprisonment". . . . . . . . . . . . . . . . 5
7B What is a "community term of imprisonment" . . . . . . . . . . . . . . . . . 6
7C What is a "suspended term of imprisonment" . . . . . . . . . . . . . . . . . . 6
7D What is a "rehabilitated term of imprisonment" . . . . . . . . . . . . . . . . 6
8 Amendment of s 19 (Making of order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Amendment of s 34 (Terminating rehabilitation programs) . . . . . . . . . . . . . 7
10 Insertion of new s 46A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
46A Transitional provisions for Drug Rehabilitation (North
Queensland Court Diversion Initiative) Amendment Act 2002 . . . . . 8
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 9
MINOR AMENDMENTS
2002
A BILL
FOR
An Act to amend the Drug Rehabilitation (Court Diversion) Act 2000 to
facilitate a drug court pilot program in North Queensland, and for
other purposes
s1 4 s5
Drug Rehabilitation (North Queensland Court
Diversion Initiative) Amendment Bill 2002
The Parliament of Queensland enacts-- 1
1 Short title
Clause 2
This Act may be cited as the Drug Rehabilitation (North Queensland 3
Court Diversion Initiative) Amendment Act 2002. 4
2 Commencement
Clause 5
This Act commences on a day to be fixed by proclamation. 6
3 Act amended
Clause 7
This Act amends the Drug Rehabilitation (Court Diversion) Act 2000. 8
4 Insertion of new s 4A
Clause 9
Part 1-- 10
insert-- 11
`4A Notes in text 12
`A note in the text of this Act is part of the Act.'. 13
5 Amendment of s 6 (Who is an "eligible person")
Clause 14
Section 6(2) and (3)-- 15
omit, insert-- 16
`(2) Without limiting subsection (1)(d), the regulation may require that 17
the person be someone who resides within a stated locality. 18
`(3) The person is not an "eligible person" if-- 19
(a) the person is serving a term of imprisonment other than a 20
community term of imprisonment; or 21
(b) a charge against the person for a disqualifying offence is pending 22
in a court. 23
24
Note to subsection (3)(a)--
s6 5 s7
Drug Rehabilitation (North Queensland Court
Diversion Initiative) Amendment Bill 2002
1
A person on post-prison community based release is taken to be still
2
serving the sentence imposed on the person: Corrective Services Act 2000,
3
section 153.
`(4) For the purpose of deciding whether a person serving a term of 4
imprisonment under a law of another State or the Commonwealth (the 5
"relevant law") is a person serving a term of imprisonment for 6
subsection (3)(a)-- 7
(a) the Corrective Services Act 2000, section 153 applies; and 8
(b) a reference in the Corrective Services Act 2000, section 153 to 9
post-prison community based release includes a reference to a 10
release under the relevant law that is similar to post-prison 11
community based release. 12
`(5) Also, a person appearing before a pilot program court prescribed by 13
regulation for this subsection is not an "eligible person" if, at any previous 14
time, the person has been ordered to serve a disqualifying term of 15
imprisonment.'. 16
6 Amendment of s 7 (What is a "disqualifying offence")
Clause 17
Section 7(2), `section 6(2)(b)'-- 18
omit, insert-- 19
`section 6(3)(b)'. 20
7 Insertion of new ss 7A to 7D
Clause 21
After section 7-- 22
insert-- 23
`7A What is a "disqualifying term of imprisonment" 24
`(1) A "disqualifying term of imprisonment" is a single term of 25
imprisonment of more than 6 months. 26
`(2) However, the following terms of imprisonment are not terms of 27
imprisonment for subsection (1)-- 28
(a) a community term of imprisonment; 29
(b) a suspended term of imprisonment; 30
(c) a rehabilitated term of imprisonment. 31
s7 6 s7
Drug Rehabilitation (North Queensland Court
Diversion Initiative) Amendment Bill 2002
`(3) Also, a period of detention under the Juvenile Justice Act 1992 or a 1
corresponding law of another State or the Commonwealth is not a term of 2
imprisonment for subsection (1). 3
`(4) It is immaterial whether the term of imprisonment is in relation to a 4
conviction for a disqualifying offence. 5
`7B What is a "community term of imprisonment" 6
`(1) A term of imprisonment in relation to a person is a "community 7
term of imprisonment" if the person is ordered to serve the term of 8
imprisonment-- 9
(a) by way of intensive correction in the community under an 10
intensive correction order made under the Penalties and 11
Sentences Act 1992, section 112; or 12
(b) in a similar way under an order made under a law of another 13
State or the Commonwealth. 14
`(2) However, a term of imprisonment is not a "community term of 15
imprisonment" if the order mentioned in subsection (1) was revoked and 16
the person was committed to prison. 17
`7C What is a "suspended term of imprisonment" 18
`(1) A term of imprisonment is a "suspended term of imprisonment" if 19
the whole of the term of imprisonment was suspended under an order made 20
under the Penalties and Sentences Act 1992, section 144(1) or a 21
corresponding provision. 22
`(2) However, a term of imprisonment is not a "suspended term of 23
imprisonment" if the person for whom the order was made was ordered 24
under the Penalties and Sentences Act 1992, section 147(1) or a 25
corresponding provision to serve the whole or part of the suspended 26
imprisonment. 27
`7D What is a "rehabilitated term of imprisonment" 28
`(1) A "rehabilitated term of imprisonment" is a term of 29
imprisonment that was ordered to be served in relation to a rehabilitated 30
conviction. 31
`(2) In this section-- 32
s8 7 s 10
Drug Rehabilitation (North Queensland Court
Diversion Initiative) Amendment Bill 2002
"conviction" see the Criminal Law (Rehabilitation of Offenders) Act 1986, 1
section 3. 2
"rehabilitated conviction" means a conviction in relation to which the 3
rehabilitation period has expired, and not been revived, under the 4
Criminal Law (Rehabilitation of Offenders) Act 1986. 5
"rehabilitation period" see the Criminal Law (Rehabilitation of 6
Offenders) Act 1986, section 3. 7
"revived" see the Criminal Law (Rehabilitation of Offenders) Act 1986, 8
section 3.'. 9
8 Amendment of s 19 (Making of order)
Clause 10
Section 19(i), before `it'-- 11
insert-- 12
`there are reasonable prospects the offender would satisfactorily comply 13
with an intensive drug rehabilitation order and'. 14
9 Amendment of s 34 (Terminating rehabilitation programs)
Clause 15
Section 34(1)(e)-- 16
omit, insert-- 17
`(e) the magistrate is satisfied, on the balance of probabilities, there 18
are not reasonable prospects of the offender satisfactorily 19
complying with the offender's intensive drug rehabilitation 20
order.'. 21
10 Insertion of new s 46A
Clause 22
After section 46-- 23
insert-- 24
s 10 8 s 10
Drug Rehabilitation (North Queensland Court
Diversion Initiative) Amendment Bill 2002
`46A Transitional provisions for Drug Rehabilitation (North 1
Queensland Court Diversion Initiative) Amendment Act 2002 2
`(1) Sections 6 and 19,1 as in force immediately before the 3
commencement of this subsection, continue to apply in relation to an 4
intensive drug rehabilitation order made before the commencement. 5
`(2) The release under section 16(1)2 during the transitional period of a 6
person on bail subject to a condition that the person report to persons at the 7
times and places directed by a community correctional officer is taken 8
instead to have been subject to a condition that the person report to persons 9
at the times and places directed by a corrective services officer. 10
`(3) In this section-- 11
"transitional period" means the period beginning on 1 July 2001 and 12
ending immediately before the commencement of subsection (2).'. 13
1 Sections 6 (Who is an "eligible person") and 19 (Making of order)
2 Section 16 (Referral for assessment)
9
Drug Rehabilitation (North Queensland Court
Diversion Initiative) Amendment Bill 2002
SCHEDULE 1
MINOR AMENDMENTS 2
section 3 3
1 Section 12(1), `Stipendiary Magistrates Act 1991'-- 4
omit, insert-- 5
`Magistrates Act 1991'. 6
2 Section 16(2), `Corrective Services Act 1988, section 201'-- 7
omit, insert-- 8
`Corrective Services Act 2000, section 2453'. 9
3 Section 16(3)(a), `community correctional office'-- 10
omit, insert-- 11
`corrective services office'. 12
4 Section 16(3)(b), `community correctional officer'-- 13
omit, insert-- 14
`corrective services officer'. 15
5 Schedule, definition "community correctional officer"-- 16
omit. 17
6 Schedule-- 18
insert-- 19
3 Corrective Services Act 2000, section 245 (Pre-sentence reports)
10
Drug Rehabilitation (North Queensland Court
Diversion Initiative) Amendment Bill 2002
SCHEDULE (continued)
` "community term of imprisonment" see section 7B. 1
"corrective services office" means an office of the department within 2
which the Corrective Services Act 2000 is administered. 3
"corrective services officer" see the Corrective Services Act 2000. 4
"corresponding provision" means a corresponding provision of a law of 5
another State or the Commonwealth. 6
"disqualifying term of imprisonment" see section 7A. 7
"rehabilitated term of imprisonment" see section 7D. 8
"suspended term of imprisonment" see section 7C.'. 9
7 Schedule, definition "community service", `Corrective Services Act 10
1988'-- 11
omit, insert-- 12
`Corrective Services Act 2000 or the Penalties and Sentences Act 1992'. 13
8 Schedule, definitions "corrective services' chief executive" and 14
"prison", `Corrective Services Act 1988'-- 15
omit, insert-- 16
`Corrective Services Act 2000'. 17
© State of Queensland 2002
AMENDMENTS TO BILL
1
Drug Rehabilitation (North Queensland Court
Diversion Initiative) Amendment Bill 2002
DRUG REHABILITATION (NORTH
QUEENSLAND COURT DIVERSION
INITIATIVE) AMENDMENT BILL 2002
AMENDMENT AGREED TO IN COMMITTEE
1 Clause 5--
At page 5, line 4, `serving'--
omit, insert--
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