Section retrieval-0002 - Expanding Adult Crime, Adult Time and Taking a Strong Stance on Drugs and Anti-Social Behaviour Amendment Bill 2026 - Document excerpt 2 | Zoe
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Authorised by the Parliamentary Counsel
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Expanding Adult Crime, Adult Time and Taking a Strong Stance on Drugs and Anti-Social
Behaviour Amendment Bill 2026
Part 2 Amendment of Drugs Misuse Act 1986
diversion program as directed by a police officer.
(4) For subsections (1) and (2), a reference in the
Police Powers and Responsibilities Act 2000,
section 378B or 378G to a reasonable belief of a
police officer is taken to be a reference to a belief
of the court.
(3) Section 122A(5) and (6), ‘assessment’—
omit.
7 Amendment of s 122B (Provision of information to court)
(1) Section 122B(1) and (2), ‘assessment’—
omit.
(2) Section 122B(4), definition prosecuting authority, ‘minor
drugs offence’—
omit, insert—
minor cannabis offence or minor drug offence
8 Replacement of s 122C (Further consideration of charge
of minor drugs offence)
Section 122C—
omit, insert—
122C Further consideration of charge of minor
cannabis offence or minor drug offence
(1) This section applies to the court after it has
considered a report filed under section 122B.
(2) If the court is satisfied the defendant completed
the drug diversion program as required under
section 122A, the court must strike out the
proceeding for the charge of the minor cannabis
offence or minor drug offence.
(3) If the court is satisfied the defendant did not
complete the drug diversion program as required
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Expanding Adult Crime, Adult Time and Taking a Strong Stance on Drugs and Anti-Social
Behaviour Amendment Bill 2026
Part 2 Amendment of Drugs Misuse Act 1986
under section 122A, the court may continue to
hear the charge of the minor cannabis offence or
minor drug offence and may make any order in
relation to the offence it considers appropriate.
9 Insertion of new pt 7, div 12
Part 7—
insert—
Division 12 Transitional provision for
Expanding Adult Crime,
Adult Time and Taking a
Strong Stance on Drugs
and Anti-Social Behaviour
Amendment Act 2026
150 Current orders under s 122A
(1) This section applies if—
(a) before the commencement, the court made
an order under former section 122A(3) (the
current order) that a person participate in,
and complete, a drug diversion assessment
program as directed by a police officer; and
(b) the person did not complete the program as
directed by a police officer before the
commencement.
(2) The current order continues in effect as if it were
made under new section 122A(3).
(3) A reference in this Act to a drug diversion
program includes a reference to the drug diversion
assessment program required to be completed
under the current order.
(4) A reference in this Act to a minor cannabis
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Expanding Adult Crime, Adult Time and Taking a Strong Stance on Drugs and Anti-Social
Behaviour Amendment Bill 2026
Part 3 Amendment of Drugs Misuse Regulation 1987
offence or minor drug offence includes a
reference to the offence in relation to which the
current order was made.
(5) In this section—
former section 122A(3) means section 122A(3)
as in force from time to time before the
commencement.
new section 122A(3) means section 122A(3) as in
force from the commencement.
Part 3 Amendment of Drugs Misuse
Regulation 1987
10 Regulation amended
This part amends the Drugs Misuse Regulation 1987.
11 Amendment of sch 2 (Dangerous drugs)
(1) Schedule 2—
insert—
1,4-Butanediol
(2) Schedule 2—
insert—
4-Hydroxybutanoic acid lactone
12 Amendment of sch 6 (Controlled substances)
(1) Schedule 6, entry for 1,4-Butanediol—
omit.
(2) Schedule 6, entry for 4-Hydroxybutanoic acid lactone—
omit.
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Expanding Adult Crime, Adult Time and Taking a Strong Stance on Drugs and Anti-Social
Behaviour Amendment Bill 2026
Part 4 Amendment of Penalties and Sentences Act 1992
13 Amendment of sch 8A (Gross weight of relevant
substances for ss 9A, 9B, 9C and 9D of Act)
(1) Schedule 8A, part 1, entry for 1,4-Butanediol—
omit.
(2) Schedule 8A, part 1, entry for 4-Hydroxybutanoic acid
lactone—
omit.
Part 4 Amendment of Penalties and
Sentences Act 1992
14 Act amended
This part amends the Penalties and Sentences Act 1992.
15 Amendment of s 15C (Meaning of eligible drug offender)
(1) Section 15C(4)(a)(ii)—
omit, insert—
(ii) the person has both—
(A) signed a cannabis diversion agreement
under the Police Powers and
Responsibilities Act 2000, section
378D; and
(B) been given an information notice under
the Police Powers and Responsibilities
Act 2000, section 378H; or
(iia) the person has, at any time before the
commencement of the Expanding Adult
Crime, Adult Time and Taking a Strong
Stance on Drugs and Anti-Social Behaviour
Amendment Act 2026, section 24, agreed to
an offer under the Police Powers and
Responsibilities Act 2000, section 379AA,
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Expanding Adult Crime, Adult Time and Taking a Strong Stance on Drugs and Anti-Social
Behaviour Amendment Bill 2026
Part 5 Amendment of Police Powers and Responsibilities Act 2000
as in force at that time, to participate in a
drug diversion assessment program; or
(2) Section 15C(4)(a)(iia) and (iii)—
renumber as section 15C(4)(a)(iii) and (iv).
(3) Section 15C(5), definition prescribed diversion alternative,
‘subsection (4)(a)(i) or (ii)’—
omit, insert—
subsection (4)(a)(i), (ii) or (iii)
Part 5 Amendment of Police Powers
and Responsibilities Act 2000
16 Act amended
This part amends the Police Powers and Responsibilities Act
2000.
Note—
See also the amendments in schedule 1.
17 Amendment of s 39BA (Use of hand held scanner without
warrant in relevant places)
Section 39BA(1)—
insert—
(h) a designated business and community
precinct.
18 Amendment of s 41 (Prescribed circumstances for
requiring name and address)
Section 41—
insert—
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Behaviour Amendment Bill 2026
Part 5 Amendment of Police Powers and Responsibilities Act 2000
(p) a police officer is about to give, is giving, or
has given a person a move on direction.
19 Amendment of s 44 (Application of pt 5)
Section 44(a), ‘precinct;’—
omit, insert—
precinct or designated business and community
precinct;
20 Amendment of s 46 (When power applies to behaviour)
Section 46(2) and (2A)—
omit, insert—
(2) If the regulated place is a public place, subsection
(1) applies in relation to a person at or near the
public place only if the person’s behaviour has or
had the effect mentioned in subsection (1)(a), (b),
(c) or (d) in—
(a) for a public place in a safe night precinct or
designated business and community
precinct—any public place located in the
precinct; or
(b) for any other public place—that part of the
public place at or near where the person then
is.
21 Amendment of s 47 (When power applies to a person’s
presence)
Section 47(2) and (2A)—
omit, insert—
(2) If the regulated place is a public place, subsection
(1) applies in relation to a person at or near the
public place only if the person’s presence has or
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Expanding Adult Crime, Adult Time and Taking a Strong Stance on Drugs and Anti-Social
Behaviour Amendment Bill 2026
Part 5 Amendment of Police Powers and Responsibilities Act 2000
had the effect mentioned in subsection (1)(a), (b)
or (c) in—
(a) for a public place in a safe night precinct or
designated business and community
precinct—any public place located in the
precinct; or
(b) for any other public place—that part of the
public place at or near where the person then
is.
22 Amendment of s 48 (Direction may be given to person)
(1) Section 48—
insert—
(1A) Without limiting subsection (1), a police officer
may give to a person or group of persons doing a
relevant act in a regulated place that is a
designated business and community precinct a
direction to leave and not return or be within the
precinct for a stated period of not more than 24
hours.
(2) Section 48(2), ‘subsection (1)’—
omit, insert—
subsection (1) or (2)
(3) Section 48(2), example ‘subsection (2)(c)’—
omit, insert—
subsection (3)(c)
(4) Section 48(1A) to (4)—
renumber as section 48(2) to (5).
23 Omission of s 49 (Review)
Section 49—
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Expanding Adult Crime, Adult Time and Taking a Strong Stance on Drugs and Anti-Social
Behaviour Amendment Bill 2026
Part 5 Amendment of Police Powers and Responsibilities Act 2000
omit.
24 Replacement of ch 14, pt 4, div 5 (Additional case—minor
drugs offence)
Chapter 14, part 4, division 5—
omit, insert—
Division 5 Additional case—drug
offences
Subdivision 1 Minor cannabis offences
378A Meaning of minor cannabis offence
In this subdivision—
minor cannabis offence—
(a) means an offence against the Drugs Misuse
Act 1986, section 9 where the dangerous
drug that is possessed is not more than 50g
of cannabis; but
(b) does not include an offence mentioned in
paragraph (a) where the possession relates
to an offence by the same person against the
Drugs Misuse Act 1986 involving
production or supply of a dangerous drug or
trafficking in a dangerous drug.
378B Application of subdivision
(1) This subdivision applies if—
(a) a person is arrested for, or is being
questioned by a police officer about, a minor
cannabis offence; and
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Expanding Adult Crime, Adult Time and Taking a Strong Stance on Drugs and Anti-Social
Behaviour Amendment Bill 2026
Part 5 Amendment of Police Powers and Responsibilities Act 2000
(b) the person has not committed another
indictable offence in circumstances related
to the minor cannabis offence; and
(c) the person has not previously been found
guilty of an offence against the Drugs
Misuse Act 1986, section 5, 6, 8, 9 or 9D;
and
(d) a police officer reasonably believes the
person possessed the cannabis that is the
subject of the minor cannabis offence for
their personal use; and
(e) the person has not previously been offered
the opportunity to complete a drug diversion
program under section 378C.
Note—
It does not matter if the person has previously had
an opportunity to complete a drug diversion
program under subdivision 2.
(2) For subsection (1)(c), a reference to a person who
has previously been found guilty of an offence
includes a reference to a person with a spent
conviction for the offence.
378C Offer to complete drug diversion program
(1) If the person is an adult, a police officer must offer
the person the opportunity to complete a drug
diversion program.
(2) If the person is a child, a police officer may offer
the child the opportunity to complete a drug
diversion program.
Note—
See the Youth Justice Act 1992, section 11 in relation to
the other possible actions a police officer must consider
before starting a proceeding against the child for the
offence.
(3) A police officer may make the offer at any time
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Expanding Adult Crime, Adult Time and Taking a Strong Stance on Drugs and Anti-Social
Behaviour Amendment Bill 2026
Part 5 Amendment of Police Powers and Responsibilities Act 2000
before the person appears before a court to answer
a charge of the minor cannabis offence.
(4) When making the offer, the police officer must
explain the nature and effect of the drug diversion
program—
(a) to the person; and
(b) if a support person is present when the offer
is made—to the support person.
378D Cannabis diversion agreement
(1) This section applies if the person agrees to an
offer made under section 378C.
(2) The person must sign an agreement (a cannabis
diversion agreement) to complete a drug
diversion program.
(3) The cannabis diversion agreement must include a
provision authorising a relevant entity to disclose,
to another relevant entity, personal information
about the person necessary to facilitate or monitor
the person’s participation in the drug diversion
program, including—
(a) information about the person’s agreement to
complete the program; and
(b) information about the person’s completion
of, or failure to complete, the program.
(4) A police officer must—
(a) give the person a written requirement to
complete a drug diversion program in
accordance with the cannabis diversion
agreement; and
(b) inform the person that failure to comply
with the requirement is an offence against
section 791.
(5) Also, the police officer must give the chief
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Behaviour Amendment Bill 2026
Part 5 Amendment of Police Powers and Responsibilities Act 2000
executive (health), or a person or organisation
nominated by the chief executive (health) for this
section, a copy of the cannabis diversion
agreement.
(6) On the signing of the cannabis diversion
agreement, the cannabis that is the subject of the
minor cannabis offence is forfeited to the State.
(7) If the person has been arrested for the minor
cannabis offence, it is the duty of a police officer
to release the person at the earliest reasonable
opportunity after the person has signed a cannabis
diversion agreement and been given a written
requirement under subsection (4).
(8) In this section—
personal information, about a person, means—
(a) information that identifies, or is likely to
identify, the person; or
(b) information about the person’s affairs.
relevant entity, for a drug diversion program,
means—
(a) the commissioner; or
(b) an entity involved in providing or
administering the program.
378E Completion of drug diversion program
If the person completes a drug diversion program
in accordance with the cannabis diversion
agreement, a police officer must not start, and if
started must discontinue, a proceeding against the
person for the minor cannabis offence.
Subdivision 2 Minor drug offences
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Expanding Adult Crime, Adult Time and Taking a Strong Stance on Drugs and Anti-Social
Behaviour Amendment Bill 2026
Part 5 Amendment of Police Powers and Responsibilities Act 2000
378F Meaning of minor drug offence
(1) In this subdivision—
minor drug offence—
(a) means—
(i) an offence against the Drugs Misuse
Act 1986, section 9 involving
possessing not more than the
prescribed quantity of a dangerous
drug; or
(ii) an offence against the Medicines and
Poisons Act 2019, section 34(1)
involving possessing not more than the
prescribed quantity of an S4 or S8
medicine; but
(b) does not include an offence mentioned in
paragraph (a)(i) or (ii) if the possession
relates to—
(i) an offence by the same person against
the Drugs Misuse Act 1986 involving
production or supply of a dangerous
drug or trafficking in a dangerous drug;
or
(ii) an offence by the same person against
the Medicines and Poisons Act 2019
involving dealing with, manufacturing
or supplying an S4 or S8 medicine.
(2) In this section—
prescribed quantity, of a dangerous drug or S4 or
S8 medicine, means a quantity of the drug or
medicine prescribed by regulation for this section.
378G Application of subdivision
(1) This subdivision applies if—
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Behaviour Amendment Bill 2026
Part 5 Amendment of Police Powers and Responsibilities Act 2000
(a) a person is arrested for, or is being
questioned by a police officer about, a minor
drug offence; and
(b) the person has not committed another
indictable offence in circumstances related
to the minor drug offence; and
(c) the person has not previously been found
guilty of an offence against the Drugs
Misuse Act 1986, section 5, 6, 8, 9 or 9D;
and
(d) a police officer reasonably believes—
(i) the person possessed the prohibited
drug or medicine that is the subject of
the minor drug offence for their
personal use; and
(ii) the person did not possess more than 1
type of prohibited drug or medicine;
and
(e) the person has not previously been served
with an infringement notice for a minor drug
offence; and
(f) a police officer serves an infringement
notice on the person for the minor drug
offence.
Note—
See the Youth Justice Act 1992, section 11 in relation to
the possible actions a police officer must consider
before starting a proceeding against a child for an
offence.
(2) For subsection (1)(c), a reference to a person who
has previously been found guilty of an offence
includes a reference to a person with a spent
conviction for the offence.
(3) For subsection (1)(e), a person is taken to have not
previously been served with an infringement
notice for a minor drug offence if—
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