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Expanding Adult Crime, Adult Time and Taking a Strong Stance on Drugs and Anti-Social Behaviour Amendment Bill 2026
Page 25 Authorised by the Parliamentary Counsel [s 24] 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Amendment Bill 2026 Part 5 Amendment of Police Powers and Responsibilities Act 2000 (a) the infringement notice was withdrawn under the State Penalties Enforcement Act 1999, section 28; or (b) the matter of the offence was decided by a court and the person was found not guilty. (4) In this section— prohibited drug or medicine, in relation to a person, means a dangerous drug or S4 or S8 medicine unlawfully possessed by the person. 378H Information notice about option to complete drug diversion program (1) When serving the infringement notice, the police officer must also give the person a notice (an information notice) in the approved form stating— (a) that the person may complete a drug diversion program instead of paying the fine for the minor drug offence; and (b) how the person may elect to complete a drug diversion program; and (c) that an election must be made within 28 days after the date of the infringement notice; and (d) the period within which the person must complete a drug diversion program if they make an election. (2) The information notice may be given to the person in the same way, including by electronic communication, that the infringement notice may be served on the person under the State Penalties Enforcement Act 1999. (3) If the police officer gives the information notice to the person in the same way and at the same time as the officer serves the infringement notice on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34
Page 26 Authorised by the Parliamentary Counsel [s 24] 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 the person, the information notice is taken to have been given to the person at the same time as the infringement notice is taken to have been served on the person under the State Penalties Enforcement Act 1999. (4) Failure to comply with subsection (1) does not affect the validity of the infringement notice. 378I Election to complete drug diversion program (1) Within 28 days after the date of the infringement notice, the person may, in the way stated in the information notice, elect to complete a drug diversion program. (2) Subsection (1) applies subject to the State Penalties Enforcement Act 1999, section 22(3). 378J Forfeiture of drug or medicine (1) The relevant drug or medicine is forfeited to the State at the time at which, under the State Penalties Enforcement Act 1999, the person may no longer elect to have the matter of the offence decided in a Magistrates Court or in a proceeding for the offence taken under the Drugs Misuse Act 1986, whichever is relevant. (2) In this section— relevant drug or medicine means the dangerous drug or S4 or S8 medicine the subject of the minor drug offence. 378K Information sharing about participation in drug diversion program (1) This section applies if, under section 378I, the person elects to complete a drug diversion program. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
Page 27 Authorised by the Parliamentary Counsel [s 24] 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 (2) A relevant entity may disclose personal information mentioned in subsection (3) to another relevant entity. (3) The information that may be disclosed— (a) is personal information about the person necessary to facilitate or monitor the person’s participation in the drug diversion program or take action under the State Penalties Enforcement Act 1999 in relation to the infringement notice; and (b) includes— (i) information about the person’s election to complete the program; and (ii) information about the person’s completion of, or failure to complete, the program. (4) 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 person who elects to complete a drug diversion program, means— (a) the commissioner; or (b) the registrar under the State Penalties Enforcement Act 1999 or another entity with administrative responsibilities relating to the infringement notice given to the person; or (c) an entity involved in providing or administering the program. 378L Release of arrested person If the person has been arrested for the minor drug 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32
Page 28 Authorised by the Parliamentary Counsel [s 24] 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 offence, it is the duty of a police officer to release the person at the earliest reasonable opportunity after the person is served with the infringement notice and information notice. Subdivision 3 Drug diversion programs 378M Provision or approval of programs The chief executive (health) may provide, or approve a program provided by another entity to be, a drug diversion program for this division. 378N Notice of completion of program under sdiv 1 (1) This section applies if a person agrees to complete a drug diversion program under subdivision 1. (2) The entity providing the program must notify the commissioner— (a) if the person completes the program within the limitation period—as soon as practicable after the person completes the program; or (b) if the person does not complete the program within the limitation period—as soon as practicable after the end of the limitation period. (3) In this section— limitation period, for a person’s completion of a drug diversion program, means the period within which the person must complete the program under the person’s cannabis diversion agreement. 378O Notice of completion of program under sdiv 2 (1) This section applies if a person elects to complete a drug diversion program under subdivision 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29
Page 29 Authorised by the Parliamentary Counsel [s 25] 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 (2) The entity providing the program must notify the administering authority— (a) if the person completes the program within the limitation period—as soon as practicable after the person completes the program; or (b) if the person does not complete the program within the limitation period—as soon as practicable after the end of the limitation period. (3) In this section— administering authority, in relation to a person served with an infringement notice who elects to complete a drug diversion program, means the administering authority under the State Penalties Enforcement Act 1999 for the infringement notice. limitation period, for a person’s completion of a drug diversion program, means the period, mentioned in section 378H(1)(d), stated in the information notice given to the person. 25 Amendment of s 380 (When arrest of child may be discontinued) (1) Section 380(7), ‘minor drugs offence’— omit, insert— relevant drug offence (2) Section 380— insert— (8) In this section— drug utensil means a thing for use, or that has been used, for the administration, consumption or smoking of a dangerous drug. minor drugs matter means— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Clause 21 22 23 24 25 26 27 28 29 30 31 32
Page 30 Authorised by the Parliamentary Counsel [s 26] 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 (a) a dangerous drug; or (b) an S4 or S8 medicine; or (c) a drug utensil. relevant drug offence means— (a) a minor cannabis offence; or (b) a minor drug offence; or (c) an offence against the Drugs Misuse Act 1986, section 10(1), (2), (4) or (4A) or 10A(1)(a), (b) or (c) involving possessing a drug utensil. 26 Amendment of s 394 (Duty of police officer receiving custody of person arrested for offence) Section 394(2)(d), ‘minor drugs offence’— omit, insert— minor cannabis offence or minor drug offence 27 Amendment of s 602A (Definitions for pt 5A) (1) Section 602A, definition initial police banning notice— omit, insert— initial police banning notice means a police banning notice given to a person by a police officer under section 602C. (2) Section 602A, definition relevant public place, paragraph (b), ‘precinct;’— omit, insert— precinct or designated business and community precinct; 1 2 3 4 5 6 7 8 9 10 Clause 11 12 13 14 15 Clause 16 17 18 19 20 21 22 23 24 25 26
Page 31 Authorised by the Parliamentary Counsel [s 28] 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 28 Amendment of s 602B (What is a police banning notice) Section 602B(1)(b), ‘precinct;’— omit, insert— precinct or designated business and community precinct; 29 Replacement of s 602C (Police officer may give initial police banning notice) Section 602C— omit, insert— 602C Police officer may give initial police banning notice (1) A police officer may give a police banning notice to a person if reasonably satisfied that giving the notice is necessary because— (a) the person has behaved in a disorderly, offensive, threatening or violent way; and Examples of disorderly, offensive, threatening or violent behaviour— • assaulting or threatening to assault a person • damaging property, attempting to damage property or threatening to damage property • possessing a knife in contravention of the Weapons Act 1990, section 51 • stealing an item from a person or premises • taking a photograph of a person using a toilet facility from under a cubicle door • urinating or wilfully exposing genitals in contravention of the Summary Offences Act 2005, section 7 or 9 • using or possessing a dangerous drug • wearing or carrying an item in contravention of the Summary Offences Act 2005, section 10C • using abusive or indecent language Clause 1 2 3 4 5 Clause 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34
Page 32 Authorised by the Parliamentary Counsel [s 29] 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’s behaviour was at, or in the vicinity of, a relevant public place; and (c) the person’s ongoing presence, or presence in the immediate future, at the relevant public place and any other place stated in the notice, poses an unacceptable risk of— (i) causing violence at the places; or (ii) affecting the safety of other persons attending the places; or (iii) disrupting or interfering with the peaceful passage, or reasonable enjoyment of other persons, at the places. (2) Also, if a police banning notice relates to a designated business and community precinct, a police officer may give the notice to a person if satisfied that— (a) the person contravened a move on direction applying to the person in relation to the designated business and community precinct; or (b) the person was given a move on direction in relation to the designated business and community precinct in the previous 7 days and— (i) section 46 applies to the person’s current behaviour in relation to the precinct; or (ii) section 47 applies to the person’s current presence in relation to the precinct. (3) However, a police officer (the issuing officer) holding a rank below that of sergeant must not give a person a police banning notice unless a police officer (the approving officer) holding the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35
Page 33 Authorised by the Parliamentary Counsel [s 30] 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 rank of sergeant or above approves the giving of the notice to the person. (4) The approving officer may approve the issuing officer giving a person a police banning notice under subsection (1) or (2) if satisfied of the matters mentioned in that subsection. (5) The approval may be sought and given verbally, including, for example, in person or by telephone, radio, internet or other similar facility. (6) If the person given the police banning notice under subsection (1) or (2) is a child and it is reasonably practicable to do so, the issuing officer must give a copy of the notice to— (a) for a child in the custody of the chief executive (child safety)—the chief executive (child safety); or (b) otherwise—the child’s parent or guardian. 30 Amendment of s 602Q (Offence to contravene notice) Section 602Q— insert— (2) Without limiting subsection (1), it is a reasonable excuse for the person not to comply with the police banning notice in relation to a relevant public place if— (a) the person enters the place to undertake a necessary task; and (b) it is impracticable for the person to undertake the necessary task outside of the place; and (c) the person remains in the place only for the period necessary to undertake the necessary task and then immediately leave the place. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Clause 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32
Page 34 Authorised by the Parliamentary Counsel [s 30] 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 (3) In this section— necessary task— (a) means any of the following— (i) receive medical treatment; (ii) comply with an obligation imposed by law; (iii) access a service provided by, or on behalf of, a government; (iv) access a support service; (v) obtain food, medicine or petrol; (vi) use a banking service; (vii) access public transport; (viii)travel through a relevant public place to access another place outside the relevant public place; and (b) includes a task undertaken for the welfare of a person or animal in the care of the person undertaking the task. obligation imposed by law includes— (a) an obligation imposed on a person by a court or tribunal, including, for example, any of the following— (i) a community based order within the meaning of the Youth Justice Act 1992; (ii) a restorative justice process within the meaning of the Youth Justice Act 1992; (iii) a community based sentence within the meaning of the Community Based Sentences (Interstate Transfer) Act 2020; and (b) a requirement for a person to appear before a court or tribunal; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32
Page 35 Authorised by the Parliamentary Counsel [s 31] 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 (c) an obligation imposed on a person under an Act; and (d) for a person released on bail or parole—a condition of that bail or parole. support service means a service provided by an organisation and intended to provide a person with counselling, housing, protection or other assistance. 31 Amendment of s 633 (Safeguards for oral directions or requirements—police officers) Section 633— insert— (4) Also, if the direction is a move on direction relating to a designated business and community precinct, the police officer must warn the person that failing to comply with the direction may result in the person being given a police banning notice under section 602C. 32 Insertion of new s 808D After section 808C— insert— 808D Designated business and community precincts (1) A regulation may prescribe an area of the State to be a designated business and community precinct. Note— A police officer may do the following in relation to a designated business and community precinct— • require a person to submit to the use of a hand held scanner under section 39BA • require a person to state the person’s name and address under section 40 1 2 3 4 5 6 7 8 Clause 9 10 11 12 13 14 15 16 17 18 Clause 19 20 21 22 23 24 25 26 27 28 29 30 31 32