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CONTROLLED SUBSTANCES ACT 1984 - SECT 34

CONTROLLED SUBSTANCES ACT 1984 - SECT 34

34—Application of Division

        (1)         This Division does not apply in relation to—

            (a)         a child who is alleged to have committed a simple possession offence; or

            (b)         a person who is alleged to have committed a simple possession offence and is charged with a serious drug offence arising out of the same circumstances; or

            (c)         a person who is alleged to have committed a simple possession offence but who has, in the 4 years preceding the date of the alleged simple possession offence, been referred to a nominated assessment service under this Division on 2 or more occasions (with each referral being in respect of a separate alleged simple possession offence).

        (2)         In this section—

"serious drug offence" means an offence against Division 2 (other than Subdivision 4), Division 3, Division 4 (other than section 33I(2), 33K or  33L) or Division 4A of this Part.