Text as at 15 April 2026

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18ZD Sentence of imprisonment must be imposed

(1)When making a drug and alcohol treatment order, the Drug Court must impose on the offender a sentence of imprisonment of no more than the maximum duration specified in subsection (1A).

S. 18ZD(1) amended by No. 43/2020 s. 16(1).

(1A)The maximum duration is—

S. 18ZD(1A) inserted by No. 43/2020 s. 16(2).

(a)for the Drug Court Division of the Magistrates' Court, 2 years; or

(b)for the Drug Court Division of the County Court, 4 years.

(2)The Drug Court must impose the sentence of imprisonment that it would have imposed if it had not made the drug and alcohol treatment order.

S. 18ZD(2) amended by No. 43/2020 s. 16(3)(a).

(3)Despite anything to the contrary in section 11, the Drug Court must not fix a non-parole period in accordance with that section as part of the sentence imposed by it.

Note to s. 18ZD(3) amended by No. 43/2020 s. 16(3)(b).

A non-parole period may be fixed as part of certain orders under this Subdivision activating the custodial part of a drug and alcohol treatment order (see section 18ZE(3)).