CONTROLLED SUBSTANCES ACT 1984 - SECT 38
CONTROLLED SUBSTANCES ACT 1984 - SECT 38
(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must be withdrawn; and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.