QLDIn ForceAct
Drugs Misuse Act 1986
sec.122CFurther consideration of charge of minor drugs offence
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### sec.122C Further consideration of charge of minor drugs offence
If, after considering a report filed under section 122B , the court is satisfied the defendant participated in and completed the drug diversion assessment program as required under section 122A , the court must strike out the proceeding for the charge of the minor drugs offence.
However, if the court is satisfied the defendant did not participate in and complete the drug diversion assessment program as required under section 122A , the court may continue to hear the charge of the minor drugs offence and may make any order in relation to the offence the court considers appropriate.
s 122C ins 2006 No. 26 s 106
amd 2023 No. 11 s 34 s ch 1 pt 2
(sec.122C-ssec.1) If, after considering a report filed under section 122B , the court is satisfied the defendant participated in and completed the drug diversion assessment program as required under section 122A , the court must strike out the proceeding for the charge of the minor drugs offence.
(sec.122C-ssec.2) However, if the court is satisfied the defendant did not participate in and complete the drug diversion assessment program as required under section 122A , the court may continue to hear the charge of the minor drugs offence and may make any order in relation to the offence the court considers appropriate.