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Act index » Part 3 - Sentences » Division 2 - Custodial orders Subdivision (1)—Imprisonment
18ZL Failure to comply with conditions
(1)If the Drug Court is satisfied on the balance of probabilities that an offender has, without reasonable excuse, failed to comply with a condition attached to a drug and alcohol treatment order (other than by committing an offence punishable on conviction by imprisonment for more than 12 months) the Drug Court must take one of the following actions—
S. 18ZL(1) amended by No. 43/2020 s. 24(1).Notes to s. 18ZL(1) amended by No. 43/2020 s. 24(1).
(a)confirm the treatment and supervision part of the order;
S. 18ZL(5)(a) substituted by No. 43/2020 s. 24(2).
(b)vary that part of the order under subsection (3);
S. 18ZL(4)(b) amended by No. 43/2020 s. 24(1).Note to s. 18ZL(4)(b) amended by No. 43/2020 s. 24(1).
(c)order that a curfew, requiring the offender to remain at a specified place between specified hours, applies to the offender for a specified period;
(2)In deciding which action to take under subsection (1), the Drug Court must consider each of the actions in the order in which they appear and must only take the first action that the Court considers to be appropriate in the circumstances.
(3)The treatment and supervision part of the order may be varied by—
(a)adding or removing program conditions; or
(b)varying one or more core conditions, other than the condition referred to in section 18ZF(1)(a), or program conditions, for example to increase—
(i)the frequency of treatment; or
(ii)the degree of supervision; or
(iii)the frequency of drug or alcohol testing.
(4)If the Drug Court is satisfied on the balance of probabilities that an offender who is subject to an order under subsection (1)(c), (d) or (e) has failed to comply with the order, the Drug Court must take one of the following actions—
(a)confirm or vary that order;
(b)cancel that order and take any action under subsection (1), including making another order of the same kind, as though the offender had failed to comply with a condition attached to the drug and alcohol treatment order.