7BPersons accepted into program in relation to failure to comply with conditions of community correction order, conditional release order or good behaviour bond

7B Persons accepted into program in relation to failure to comply with conditions of community correction order, conditional release order or good behaviour bond

7B Persons accepted into program in relation to failure to comply with conditions of community correction order, conditional release order or good behaviour bond

(1) This section applies to a person—

(a) who has been referred to the Drug Court under section 7, or

(b) who has been called on by the Drug Court to appear before it under—

(i) section 107C of the Crimes (Administration of Sentences) Act 1999 in relation to a community correction order, or

(ii) section 108C of that Act in relation to a conditional release order, or

(iii) section 98 of the Crimes (Sentencing Procedure) Act 1999 (as previously in force but continuing to apply under clause 76 (3) of Schedule 2 to that Act) in relation to a good behaviour bond under section 12 (as previously in force),

not being a person who is currently participating in a program into which the person has been accepted as a result of previous proceedings under this Act.

(2) The Drug Court may deal with a person under this section in relation to an alleged failure to comply with the conditions of the relevant community correction order, conditional release order or good behaviour bond if, and only if, it is satisfied as to each of the following matters—

(a) that the person is an eligible person,

(b) that the person admits to having failed, and has in fact failed, to comply with the conditions of the order or bond,

(c) that, having regard to the person’s antecedents, it would be appropriate for the person to participate in a program under this Act,

(d) that facilities to supervise and control the person’s participation in such a program are available, and have been allocated to the person, in accordance with the guidelines prescribed by the regulations,

(e) that the person accepts the conditions imposed by this Act and the conditions that the Drug Court proposes to impose on the person (whether immediately or at some later date) as a consequence of his or her being dealt with under this section,