TASIn ForceAct
Sentencing Act 1997
27JVariation of drug treatment order on assessment of progress
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### 27J Variation of drug treatment order on assessment of progress
> [*\[Section 27J Inserted by No. 21 of 2007, s. 5, Applied:20 Aug 2007\]*](/view/html/inforce/2007-08-20/act-2007-021#GS5@EN)
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> > (1) [*\[Section 27J Subsection (1) amended by No. 48 of 2016, s. 12, Applied:08 Feb 2017\]*](/view/html/inforce/2017-02-08/act-2016-048#GS12@Hpb@EN) [*\[Section 27J Subsection (1) amended by No. 48 of 2016, s. 12, Applied:08 Feb 2017\]*](/view/html/inforce/2017-02-08/act-2016-048#GS12@Hpa@EN) A court constituted by a magistrate may from time to time vary the treatment and supervision part of a drug treatment order (including such an order made by a court not constituted by a magistrate) if it considers it appropriate to do so based on its assessment of the offender's progress.
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> > (2) The court may act under [subsection (1)](#GS27J@Gs1@EN) on its own motion or on the application of –
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> > > > (a) the offender or the offender's legal representative; or
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> > > > (b) a police officer or prosecutor; or
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> > > > (c) a court diversion officer.
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> > (3) When acting under [subsection (1)](#GS27J@Gs1@EN) , the court must ensure that the offender is present.
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> > (4) Under [subsection (1)](#GS27J@Gs1@EN) , the court may do any one or more of the following:
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> > > > (a) add or remove program conditions;
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> > > > (b) vary core or program conditions, other than the core condition attached under [section 27G(1)(a)](#GS27G@Gs1@Hpa@EN) , for example to adjust –
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> > > > > > (i) the frequency of treatment; or
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> > > > > > (ii) the degree of supervision; or
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> > > > > > (iii) the frequency of drug testing; or
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> > > > > > (iv) the type or frequency of vocational, educational, employment or other programs that the offender must attend;
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> > > > (c) add, if applicable, core conditions of the kind referred to in [section 27G(2)](#GS27G@Gs2@EN) .