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Act index » Part 3 - Sentences » Division 2 - Custodial orders Subdivision (1)—Imprisonment
S. 18ZN(1) amended by No. 43/2020 s. 26(1).Notes to s. 18ZN(1) amended by No. 43/2020 s. 26(1).
(a)take any of the actions under section 18ZL(1) as though the offender had failed to comply with any other condition attached to the order; or
S. 18ZN(1)(a) amended by No. 35/2002 s. 28(Sch. item 5.1).S. 18ZN(2)(a) substituted by No. 43/2020 s. 26(2).
(b)cancel the treatment and supervision part of the order and, after taking into account the extent to which the offender complied with that part of the order—
S. 18ZN(3)(b) substituted by No. 43/2020 s. 26(3).
2The Drug Court may be required to take an action under paragraph (b) because of section 18ZO(3).
(2)The Drug Court may take an action under subsection (1) on its own initiative or on an application by—
(a)the informant, the police prosecutor, or the prosecution (as the case requires); or
(b)a prescribed person or a person in a prescribed class of persons.
(3)Before the Drug Court cancels the treatment and supervision part of a drug and alcohol treatment order under subsection (1) (whether or not it also cancels the custodial part), notice of the hearing concerning the cancellation must be given to—and the Drug Court may order that a warrant to arrest be issued against the offender if he or she does not attend for the hearing.
(b)the informant, the police prosecutor, or the prosecution (as the case requires); and
(c)the prescribed person or the person in the prescribed class of persons—
(3A)If notice of the hearing concerning the cancellation of the treatment and supervision part of a drug and alcohol treatment order—then the treatment and supervision part of the drug and alcohol treatment order is suspended and the period between the failure to attend the hearing and the day on which the offender does attend the Drug Court for the hearing does not count in calculating the period for which that part of the order operates.
(a)has been given to the offender or has been, to the satisfaction of the Drug Court, attempted to be given to the offender but the attempt is not successful; and
(4)To avoid doubt, if the Drug Court cancels the treatment and supervision part or custodial part of a drug and alcohol treatment order under this section, any earlier orders activating the custodial part of the order cease to have effect.