Victorian Consolidated Legislation

Drugs, Poisons and Controlled Substances Act 1981 - SECT 76

Adjourned bonds to be given in certain cases

76. Adjourned bonds to be given in certain cases









(1) Where before the Magistrates' Court-





   (a)  in relation to cannabis-



   (i)  a person is charged with an offence under section 72B and at the
        hearing the court is satisfied on the balance of probabilities that
        the offence was not committed by the person for any purpose relating
        to trafficking in cannabis;

   (ii) a person is charged with an offence under section 73 and at the
        hearing the court is satisfied on the balance of probabilities that
        the offence was not committed by the person for any purpose relating
        to trafficking in cannabis;

   (iii) a person is charged with an offence under section 75; or

   (iv) a person is charged with an offence under section 79 or section 80,
        being an offence that relates to an offence mentioned in subparagraphs
        (i), (ii) or (iii) of this paragraph and, where that last-mentioned
        offence relates to the possession or cultivation of cannabis, the
        court is satisfied on the balance of probabilities that the
        last-mentioned offence would not have been committed by the person for
        any purpose relating to trafficking in cannabis or the court is
        satisfied on the balance of probabilities that the last-mentioned
        offence would, if committed, have related to a quantity of cannabis
        which was not more than the small quantity applicable to cannabis; and

   (ab) in relation to any drug of dependence specified in column 1 of Part 3
        of Schedule Eleven-

   (i)  a person is charged with an offence under section 73 and at the
        hearing the court is satisfied on the balance of probabilities that
        the offence-

                (A)  was committed in relation to a quantity of that drug
                     which was not more than the small quantity applicable to
                     that drug; and

                (B)  was not committed for any purpose relating to trafficking
                     in that drug; or

   (ii) a person is charged with an offence under section 75 and at the
        hearing the court is satisfied on the balance of probabilities that
        the offence was committed in relation to a quantity of that drug which
        was not more than the small quantity applicable to that drug; or

   (iii) a person is charged with an offence under section 79 or section 80,
        being an offence that relates to an offence mentioned in subparagraphs
        (i) or (ii), and the court is satisfied on the balance of
        probabilities that the last-mentioned offence-

                (A)  would, if committed, have been committed in relation to a
                     quantity of that drug which was not more than the small
                     quantity applicable to that drug; and

                (B)  would not have been committed for any purpose relating to
                     trafficking in that drug; and

   (b)  a person mentioned in paragraph (a) or (ab) has not previously been
        convicted of an offence under-

   (i)  section 36B(2), Part III of this Act or this Part;

   (ii) Part II or Part III of the Poisons Act 1962;

   (iii) Part XVIII of the Health Act 1958;

   (iv) a provision of the law of another State or Territory of the
        Commonwealth corresponding to any provision mentioned in subparagraphs
        (i), (ii) or (iii); or

   (v)  Division 2 of Part XIII of the Act of the Commonwealth known as the
        Customs Act 1901 as amended and in force for the time being; or

   (vi) section 307.1, 307.2, 307.3, 307.4, 307.5, 307.6, 307.7, 307.8, 307.9
        or 307.10 of the Criminal Code of the Commonwealth as amended and in
        force for the time being-

and has not previously been dealt with under this section; and

   (c)  in relation to a person mentioned in paragraph (a) or (ab) the court
        is satisfied beyond reasonable doubt that the person is guilty of the
        offence with which he is charged-

the court, without proceeding to conviction, shall having regard to the
character and antecedents of the person and to all the circumstances and the
public interest, adjourn the further hearing to a time and place to be fixed
(such time being not more than twelve months thereafter) and allow the person
charged to go at large upon his giving an undertaking under section 75(1) of
the Sentencing Act 1991, unless the court considers it appropriate to proceed
to a conviction.

(1A) If a person to whom subsection (1) applies is, on a charge for an offence
in relation to a drug of dependence other than cannabis or
tetrahydrocannabinol, released on giving an undertaking under section 75(1) of
the Sentencing Act 1991, the court must attach to the undertaking a condition
that the person completes an approved drug education and information program.

(2) Where subsection (1) applies to a person and the magistrates' court
proceeds to a conviction, the court shall state its reasons for doing so.





(3) In determining whether a person has been previously convicted of an
offence for the purposes of paragraph (b) of subsection (1), proceedings under
the Children, Youth and Families Act 2005 or under any Act of the Commonwealth
or of a State or Territory of the Commonwealth which corresponds to that Act
shall be disregarded.

(4) A person or body may apply to the Secretary for approval for a program for
the purposes of this section.





(5) An application under subsection (4) must be accompanied by the prescribed
application fee.



(6) The Secretary-

   (a)  may grant an approval subject to any conditions, limitations or
        restrictions specified in the approval; and

   (b)  must specify the period during which an approval continues in force.