(1A) If a person to whom subsection (1) applies is, S. 76(1A) on a charge for an offence in relation to a inserted by No. 48/1997 drug of dependence other than cannabis or s. 43(2). tetrahydrocannabinol, released on giving an undertaking under section 75(1) of the Sentencing Act 1991, the court must attach to the undertaking a condition that the person completes an approved drug education and information program. (2) Where subsection (1) applies to a person and the magistrates' court proceeds to a conviction, the court shall state its reasons for doing so. (3) In determining whether a person has been S. 76(3) amended by previously convicted of an offence for the No. 48/2006 s. 42(Sch. purposes of paragraph (b) of subsection (1), item 11). proceedings under the Children, Youth and Families Act 2005 or under any Act of the Commonwealth or of a State or Territory of the Commonwealth which corresponds to that Act shall be disregarded. (4) A person or body may apply to the Secretary for S. 76(4) inserted by approval for a program for the purposes of this No. 48/1997 section. s. 43(3), amended by No. 46/1998 s. 7(Sch. 1). S. 76(5) (5) An application under subsection (4) must be inserted by accompanied by the prescribed application fee. No. 48/1997 s. 43(3). (6) The Secretary— S. 76(6) inserted by No. 48/1997 (a) may grant an approval subject to any s. 43(3), conditions, limitations or restrictions amended by No. 46/1998 specified in the approval; and s. 7(Sch. 1). (b) must specify the period during which an approval continues in force.
S. 76(1A) inserted by No. 48/1997 s. 43(2). (1A) If a person to whom subsection (1) applies is, on a charge for an offence in relation to a drug of dependence other than cannabis or tetrahydrocannabinol, released on giving an undertaking under section 75(1) of the Sentencing Act 1991, the court must attach to the undertaking a condition that the person completes an approved drug education and information program. (2) Where subsection (1) applies to a person and the magistrates' court proceeds to a conviction, the court shall state its reasons for doing so. S. 76(3) amended by No. 48/2006 s. 42(Sch. item 11). (3) In determining whether a person has been previously convicted of an offence for the purposes of paragraph (b) of subsection (1), proceedings under the Children, Youth and Families Act 2005 or under any Act of the Commonwealth or of a State or Territory of the Commonwealth which corresponds to that Act shall be disregarded. S. 76(4) inserted by No. 48/1997 s. 43(3), amended by No. 46/1998 s. 7(Sch. 1). (4) A person or body may apply to the Secretary for approval for a program for the purposes of this section. S. 76(5) inserted by No. 48/1997 s. 43(3). (5) An application under subsection (4) must be accompanied by the prescribed application fee. S. 76(6) inserted by No. 48/1997 s. 43(3), amended by No. 46/1998 s. 7(Sch. 1). (6) The Secretary— (a) may grant an approval subject to any conditions, limitations or restrictions specified in the approval; and (b) must specify the period during which an approval continues in force.
81-9719a118.docx