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CONTROLLED SUBSTANCES ACT 1984 - SECT 38

CONTROLLED SUBSTANCES ACT 1984 - SECT 38

38—Undertakings

        (1)         An assessment service may, on the completion of an assessment under this Division, require the person alleged to have committed the offence to enter into a written undertaking relating to—

            (a)         the treatment that the person will undertake; or

            (b)         participation by the person in a programme of an educative, preventive or rehabilitative nature; or

            (c)         any other matters that will, in the opinion of the service, assist the person to overcome any personal problems that may tend to lead, or that may have led, to the misuse of drugs.

        (2)         The undertaking can only require the person to undergo treatment with a treatment service.

        (3)         If the person enters into the undertaking—

            (a)         the person must be given a copy of the undertaking; and

            (b)         any complaint laid against the person for the alleged simple possession offence must be withdrawn; and

            (c)         the person must, if remanded in custody for the alleged simple possession offence but not otherwise subject to detention, be released from detention or, if on bail for the offence, the bail agreement must be discharged.

        (4)         The undertaking will be effective for a period, not exceeding 6 months, determined by the service and specified in the undertaking.

        (5)         The service may, at the request or with the consent of the person bound by the undertaking, vary the terms of the undertaking, but not so that the total period of the undertaking exceeds 6 months.

        (6)         The service must notify the Commissioner of Police that the person has entered into an undertaking, of any extension to the period of the undertaking and, if it occurs, of the expiry of the undertaking.