27QAReferral of matters to other courts

### 27QA Referral of matters to other courts > [*\[Section 27QA Inserted by No. 48 of 2016, s. 19, Applied:08 Feb 2017\]*](/view/html/inforce/2017-02-08/act-2016-048#GS19@EN) > > > (1)  Despite any other provision of this or any other Act, if – > > > > > > (a) a drug treatment order that is in force in relation to an offender has been made by a court constituted by a magistrate, by the Supreme Court or by the Court of Criminal Appeal; and > > > > > > > (b) the offender is before the Supreme Court or the Court of Criminal Appeal – > > > > the Supreme Court or the Court of Criminal Appeal, as the case may be, may, if it is of the opinion that a court constituted by a magistrate ought to consider whether to deal with the offender under a provision of this Part, remand the offender on bail, or in custody, to appear before a court constituted by a magistrate. > > > (2)  Despite any other provision of this or any other Act, if – > > > > > > (a) a drug treatment order that is in force in relation to an offender has been made by the Supreme Court or the Court of Criminal Appeal; and > > > > > > > (b) the offender is before a court constituted by a magistrate – > > > > the court constituted by a magistrate may, if it is of the opinion that the Supreme Court ought to consider whether to deal with the offender under a provision of this Part, remand the offender on bail, or in custody, to appear before the Supreme Court. > > > (3)  If an offender is remanded by a court (***the transferring court***) to appear before another court (***the receiving court***) in accordance with this section – > > > > > > (a) the receiving court is to consider whether to deal with the offender under a provision of this Part; and > > > > > > > (b) if the receiving court considers that – > > > > > > > > > > (i) it ought to deal with the offender under a provision of this Part, the receiving court may take any action in relation to the offender that it may take under the provision; or > > > > > > > > > > > (ii) it is not appropriate for the offender to be dealt with by the receiving court, the receiving court may remand the offender on bail, or in custody, to appear before the transferring court to be dealt with as if the offender had not been remanded to appear before the receiving court. > > > (4)  Without limiting the generality of [subsection (3)(b)(i)](#GS27QA@Gs3@Hpb@Hqi@EN) , the action that a receiving court may take under [subsection (3)(b)(i)](#GS27QA@Gs3@Hpb@Hqi@EN) includes, if an application to the transferring court in relation to the offender has not been disposed of by the transferring court, any action that the receiving court could take if the application had been made to the receiving court.