27QCancellation

### 27Q Cancellation > [*\[Section 27Q Inserted by No. 21 of 2007, s. 5, Applied:20 Aug 2007\]*](/view/html/inforce/2007-08-20/act-2007-021#GS5@EN) > > > (1)  [*\[Section 27Q Subsection (1) amended by No. 48 of 2016, s. 18, Applied:08 Feb 2017\]*](/view/html/inforce/2017-02-08/act-2016-048#GS18@EN) A court may cancel the treatment and supervision part of a drug treatment order made by the court if it is satisfied on the balance of probabilities that – > > > > > > (a) before the order was made, the offender's circumstances were not accurately presented to the court or the authors of the relevant drug treatment order assessment report; or > > > > > > > (b) the offender will be unable to comply with a condition of the order because his or her circumstances have materially changed since it was made; or > > > > > > > (c) the offender is no longer willing to comply with one or more conditions of the order; or > > > > > > > (d) the continuation of the treatment and supervision part of the order is unlikely to achieve one or more of the purposes for which the order was made. > > > (2)  When cancelling the treatment and supervision part of the order under [subsection (1)](#GS27Q@Gs1@EN) , the court, after taking into account the extent of the offender's compliance with that part, must – > > > > > > (a) make an order activating some or all of the custodial part of the drug treatment order; or > > > > > > > (b) cancel the custodial part of the drug treatment order and, other than by making an order under [section 7(a)](#GS7@Hpa@EN) , deal with the offender for each offence in respect of which the drug treatment order was made in any way in which it could deal with the offender had it just convicted him or her of each such offence. > > > (3)  The court may act under [subsection (1)](#GS27Q@Gs1@EN) or [(2)](#GS27Q@Gs2@EN) on its own motion or on the application of – > > > > > > (a) the offender; or > > > > > > > (b) a police officer or prosecutor; or > > > > > > > (c) a court diversion officer. > > > (4)  Before the court cancels the treatment and supervision part of the drug treatment order, whether or not it also cancels the custodial part, it must give the offender an opportunity to make a submission on the matter. > > > (5)  When making an order under [subsection (2)(a)](#GS27Q@Gs2@Hpa@EN) , the court may fix a non-parole period for the sentence of imprisonment, or partial sentence of imprisonment, activated by the order. > > > (6)  [Subsection (5)](#GS27Q@Gs5@EN) has effect notwithstanding any other provision of this Part. > > > (7)  To avoid doubt, if under this section the court cancels the treatment and supervision part or custodial part of the drug treatment order, any earlier orders activating the custodial part of the drug treatment order cease to have effect forthwith.