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Part 5 Amendment of Police Powers and Responsibilities Act 2000
• give a person a move on direction under section 48
• give particular persons a police banning notice
under section 602C
(2) In recommending that the Governor in Council
make a regulation under subsection (1), the
Minister must be satisfied that the regulation is
necessary to achieve 1 or more the following
purposes—
(a) enhance public safety or public amenity in
the area to be prescribed;
(b) reduce anti-social behaviour occurring in
the area to be prescribed;
(c) reduce or prevent disruption to businesses in
the area to be prescribed.
(3) Before making a recommendation under
subsection (2), the Minister must consult with the
local government for any local government area
in which the proposed designated business and
community precinct is located.
(4) The Minister must review each designated
business and community precinct to consider
whether prescribing the area continues to achieve
the purpose for which it was prescribed.
(5) A review of a designated business and community
precinct must be started no later than 3 years after
the day—
(a) the area is prescribed; and
(b) a previous review of the designated business
and community precinct conducted under
this section is completed.
(6) If, after conducting a review of a designated
business and community precinct, the Minister is
no longer satisfied that prescription of the area
under subsection (1) is necessary to achieve the
purposes for which it was prescribed, the Minister
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Part 5 Amendment of Police Powers and Responsibilities Act 2000
must recommend to the Governor in Council the
making of a regulation to change or revoke the
prescription.
33 Insertion of new ch 24, pt 29
Chapter 24—
insert—
Part 29 Transitional provisions
for Expanding Adult
Crime, Adult Time and
Taking a Strong Stance
on Drugs and
Anti-Social Behaviour
Amendment Act 2026
902 Definitions for part
In this part—
former, in relation to a provision of this Act,
means the provision as in force from time to time
before the commencement of the transitional
provision in which the term is used.
new, in relation to a provision of this Act, means
the provision as in force from the commencement
of the transitional provision in which the term is
used.
transitional provision means a provision of this
part.
903 Application of new ch 14, pt 4, div 5
(1) New chapter 14, part 4, division 5, subdivision 1
applies in relation to a minor cannabis offence
whether it was committed before or after the
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Part 5 Amendment of Police Powers and Responsibilities Act 2000
commencement.
(2) New chapter 14, part 4, division 5, subdivision 2
applies in relation to a minor drug offence
whether it was committed before or after the
commencement.
(3) This section applies subject to section 905.
904 Drug diversion warnings
(1) This section applies if a person was given a drug
diversion warning under former section 378C
before the commencement.
(2) Despite the repeal of that section—
(a) the drug diversion warning continues in
effect; and
(b) former section 378C(8) continues in effect
in relation to the person.
905 Offers to participate in drug diversion
assessment programs
(1) This section applies if, before the
commencement, a person was offered the
opportunity to participate in a drug diversion
assessment program under former section 379 or
former section 379AA.
(2) New chapter 14, part 4, division 5, subdivisions 1
and 2 do not apply to the person.
906 Drug diversion agreements under former s
379AB
(1) This section applies if a person—
(a) signed a drug diversion agreement before
the commencement under former section
379AB; and
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Part 5 Amendment of Police Powers and Responsibilities Act 2000
(b) did not complete a drug diversion
assessment program under the agreement
before the commencement.
(2) Despite the repeal of former section 379AB—
(a) the agreement continues in effect; and
(b) a requirement given under former section
379AB(3) continues in effect.
907 Approved programs
(1) This section applies in relation to a program that,
immediately before the commencement, was a
drug diversion assessment program conducted
with the approval of the chief executive (health).
(2) The program is taken to have been approved
under new section 378M.
34 Amendment of sch 6 (Dictionary)
(1) Schedule 6, definitions drug diversion agreement, drug
diversion assessment program, drug diversion warning, initial
police banning notice, minor drugs matter and minor drugs
offence—
omit.
(2) Schedule 6—
insert—
designated business and community precinct
means an area prescribed to be a designated
business and community precinct under section
808D.
drug diversion program means a program
provided or approved under section 378M.
initial police banning notice, for chapter 19, part
5A, see section 602A.
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Part 6 Amendment of Police Powers and Responsibilities Regulation 2012
minor cannabis offence see section 378A.
minor drug offence see section 378F.
move on direction means a direction given to a
person by a police officer under section 48(1) or
(2).
(3) Schedule 6, definition enforcement act, paragraph (k), ‘minor
drugs offence’—
omit, insert—
minor cannabis offence or minor drug offence
Part 6 Amendment of Police Powers
and Responsibilities
Regulation 2012
35 Regulation amended
This part amends the Police Powers and Responsibilities
Regulation 2012.
36 Amendment of s 20H (Prescribed quantity for minor drug
offences—Act, s 378B)
Section 20H, ‘378B’—
omit, insert—
378F
37 Amendment of sch 1B (Prescribed quantity of dangerous
drugs, S4 medicines and S8 medicines)
(1) Schedule 1B, part 2, entry for Cannabis—
omit.
(2) Schedule 1B, part 2, note—
omit.
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Part 7 Amendment of State Penalties Enforcement Act 1999
(3) Schedule 1B, part 3, note—
omit.
Part 7 Amendment of State Penalties
Enforcement Act 1999
38 Act amended
This part amends the State Penalties Enforcement Act 1999.
Note—
See also the amendments in schedule 1.
39 Amendment of s 5 (Act has limited application to
children)
Section 5(1), after ‘authority’—
insert—
, or where relevant to elect to complete a drug
diversion program,
40 Amendment of s 15 (Infringement notices)
Section 15(2)(f)—
insert—
(iv) for a notice served on the alleged offender
for a minor drug offence—elect to complete
a drug diversion program under the Police
Powers and Responsibilities Act 2000,
section 378I;
41 Amendment of s 22 (Ways alleged offender may deal with
infringement notice)
(1) Section 22(1)—
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Part 7 Amendment of State Penalties Enforcement Act 1999
insert—
(d) for a notice served on the alleged offender
for a minor drug offence—elect to complete
a drug diversion program under the Police
Powers and Responsibilities Act 2000,
section 378I.
(2) Section 22—
insert—
(3) If the alleged offender acts under subsection
(1)(a) or (2), the alleged offender may not make
an election under subsection (1)(d).
42 Amendment of s 30 (Application to cancel infringement
notice for mistake of fact)
Section 30(1), ‘section 33(1)’—
omit, insert—
section 33
43 Insertion of new pt 3, div 5
Part 3—
insert—
Division 5 Minor drug offences
32A Proceedings for particular minor drug offence
(1) A reference in this Act to the matter of an offence
being decided in a Magistrates Court is, in relation
to a minor drug offence against the Drugs Misuse
Act 1986, section 9, taken to be a reference to the
matter of an offence being decided in a
proceeding for the offence taken under that Act.
(2) A reference in this Act to a proceeding for an
offence being started under the Justices Act 1886
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Part 7 Amendment of State Penalties Enforcement Act 1999
is, in relation to a minor drug offence against the
Drugs Misuse Act 1986, section 9, taken to be a
reference to a proceeding for the offence being
started in the way stated in section 118 of that Act.
32B Drug diversion programs
(1) This section applies if a person—
(a) is served with an infringement notice for a
minor drug offence; and
(b) elects to complete a drug diversion program
under the Police Powers and
Responsibilities Act 2000, section 378I.
(2) The person may not 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.
(3) If the person completes the program within the
limitation period, sections 25 and 28 apply as if
the person had paid the fine for the offence in full
to the administering authority as required by the
infringement notice.
(4) If the person does not complete the program
within the limitation period, action may be taken
under this Act as if the person had not made the
election, including the starting of a proceeding for
the offence.
Note—
See also section 33(2).
44 Amendment of s 33 (Default by person served with
infringement notice)
(1) Section 33(1)—
insert—
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Part 7 Amendment of State Penalties Enforcement Act 1999
(e) if relevant, elected to complete a drug
diversion program under the Police Powers
and Responsibilities Act 2000, section 378I;
(2) Section 33—
insert—
(1A) Also, if a person served with an infringement
notice for a minor drug offence—
(a) has made an election mentioned in
subsection (1)(e); but
(b) has not completed the drug diversion
program within the limitation period;
the administering authority may give to SPER for
registration a default certificate for the offence.
(3) Section 33(3), after ‘subsection (1)’—
insert—
or (2)
(4) Section 33(8), ‘Subsection (5)’—
omit, insert—
Subsection (6)
(5) Section 33(9), ‘subsection (3)’—
omit, insert—
subsection (4)
(6) Section 33(9), ‘subsection (6)(b)’—
omit, insert—
subsection (7)(b)
(7) Section 33(1A) to (10)—
renumber as section 33(2) to (11).
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Part 7 Amendment of State Penalties Enforcement Act 1999
45 Amendment of s 35 (Effect of registration under this
division)
(1) Section 35(3), ‘section 33(3)’—
omit, insert—
section 33(4)
(2) Section 35(4), ‘section 33(7)’—
omit, insert—
section 33(8)
46 Insertion of new s 57A
After section 57—
insert—
57A Issue of fresh infringement notice for minor
drug offence
(1) This section applies if—
(a) the relevant enforcement order is for a
minor drug offence; and
(b) the registrar cancels the relevant
enforcement order; and
(c) the administering authority issues a fresh
infringement notice for the offence.
(2) The following provisions do not apply in relation
to the fresh infringement notice—
(a) section 15(2)(f)(iv);
(b) section 22(1)(d);
(c) section 32B;
(d) section 33(1)(e) or (2);
(e) section 135(e)(iv).
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Part 7 Amendment of State Penalties Enforcement Act 1999
47 Amendment of s 135 (Default certificate for infringement
notice offence)
Section 135(e)—
insert—
(iv) for a minor drug offence—
(A) elect to complete a drug diversion
program under the Police Powers and
Responsibilities Act 2000, section
378I; or
(B) having made an election mentioned in
subsubparagraph (A), complete the
program within the limitation period;
48 Amendment of s 157 (Evidentiary provisions)
Section 157(2)—
insert—
(l) a stated person—
(i) did not elect to complete a drug
diversion program under the Police
Powers and Responsibilities Act 2000,
section 378I; or
(ii) made an election mentioned in
subparagraph (i) but did not complete
the program within the limitation
period.
49 Amendment of sch 2 (Dictionary)
Schedule 2—
insert—
limitation period, for a person’s completion of a
drug diversion program under the Police Powers
and Responsibilities Act 2000, means the period,
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Part 8 Amendment of State Penalties Enforcement Regulation 2014
mentioned in section 378H(1)(d) of that Act,
stated in the information notice given to the
person.
minor drug offence see the Police Powers and
Responsibilities Act 2000, section 378F.
Part 8 Amendment of State Penalties
Enforcement Regulation 2014
50 Regulation amended
This part amends the State Penalties Enforcement Regulation
2014.
51 Amendment of sch 1 (Infringement notice offences and
fines for nominated laws)
(1) Schedule 1, entry for Drugs Misuse Act 1986—
insert—
(2) Schedule 1, entry for Drugs Misuse Act 1986—
insert—
(3) Schedule 1, entry for Medicines and Poisons Act 2019—
s 9(1) if the offence is an offence
mentioned in s 15(1)
3
s 10(4) 2
s
10A(1)(a),
(b) or (c)
2
Administering authority for an infringement notice offence that is an
offence against a provision of the Drugs Misuse Act 1986, or an
infringement notice about the offence—the registrar
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Part 8 Amendment of State Penalties Enforcement Regulation 2014
insert—
(4) Schedule 1, entry for Medicines and Poisons Act 2019,
authorised person for service of infringement notices entry—
omit, insert—
Authorised person for service of infringement
notices—
(a) for an offence against section 34(1)—a
police officer; or
(b) otherwise—an inspector appointed under
the Medicines and Poisons Act 2019, section
131
(5) Schedule 1, entry for Medicines and Poisons Act 2019—
insert—
(6) Schedule 1, entry for Police Powers and Responsibilities Act
2000, 5th entry for section 791(2), ‘section 379(8) to
participate in and complete a drug diversion assessment
program’—
omit, insert—
section 378D(4) to complete a drug diversion
program
s 34(1) if the offence is a minor drug
offence under the Police Powers and
Responsibilities Act 2000, section
378F
3
Administering authority for an infringement notice offence that is an
offence against the Medicines and Poisons Act 2019, section 34(1), or an
infringement notice about the offence—the registrar
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Section retrieval-0004 - Expanding Adult Crime, Adult Time and Taking a Strong Stance on Drugs and Anti-Social Behaviour Amendment Bill 2026 - Document excerpt 4 | Zoe