7Courts may refer persons to Drug Court during proceedings for failure to comply with conditions of good behaviour bond

#### 7 Courts may refer persons to Drug Court during proceedings for failure to comply with conditions of good behaviour bond 7 Courts may refer persons to Drug Court during proceedings for failure to comply with conditions of good behaviour bond > > (1) This section applies— > > > > > (a) in relation to a person who is, at the time of his or her appearance in court, participating in a program into which he or she has been accepted as a result of previous proceedings under this Act—to any court before which such a person appears, or > > > > > (b) in relation to any other person—to such courts and proceedings as are prescribed by the regulations. > > > (2) It is the duty of a court before whom an offender appears under section 98 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) (as previously in force but continuing to apply under clause 76 (3) of Schedule 2 to that Act) in connection with an alleged failure to comply with the conditions of a good behaviour bond imposed under section 12 of that Act (as previously in force)— > > > > > (a) to ascertain whether the person appears to be an eligible person, and > > > > > (b) if so, to ascertain whether the person is willing to be referred to the Drug Court to be dealt with for the alleged failure, and > > > > > (c) if so, to refer the person to the Drug Court to be dealt with for the alleged failure. > > > (3) The power conferred on a court by this section is to be exercised as soon as practicable after the person’s first appearance before the court in relation to the alleged failure. > > > (4) This section does not apply to an offender who, at the time of his or her appearance before the court, is in custody under a sentence of full-time imprisonment. > > **s 7:** Am 1999 No 47, Sch 1 \[4\]–\[8\]; 2002 No 93, Sch 1 \[3\]–\[5\]; 2003 No 27, Sch 9 \[3\]–\[5\]; 2005 No 11, Sch 3.11 \[1\]. Subst 2006 No 107, Sch 1.14 \[7\]. Am 2017 No 53, Sch 4.17 \[1\].