New South Wales Repealed Acts

This legislation has been repealed.

CRIMES AND COURTS LEGISLATION AMENDMENT ACT 2005 - SCHEDULE 3

SCHEDULE 3 – Amendment of Drug Court Act 1998 No 150

(Section 3)

[1] Section 18B Courts to refer eligible convicted offenders to Drug Court (as inserted by the Compulsory Drug Treatment Correctional Centre Act 2004 No 42)

Insert after section 18B (2):

(2A) The duty imposed on a court by this section does not apply to a court on determining an appeal (an "appeal court") if the person whose sentence is confirmed in the appeal is already the subject of a compulsory drug treatment order as a consequence of a referral made to the Drug Court by the court that imposed the sentence confirmed by the appeal court.

(2B) However, if the person whose sentence is confirmed by the appeal court is not already the subject of a compulsory drug treatment order, the duty imposed by this section applies to the appeal court, whether or not the court that imposed the sentence confirmed by the appeal court referred the person to the Drug Court under this section.

[2] Section 18B (5) and (6)

Insert after section 18B (4):

(5) No appeal lies against a court's decision to refer or not to refer a person to the Drug Court for a determination as to whether the person should be the subject of a compulsory drug treatment order.

(6) For the purposes of this section, an "appeal" includes an application for annulment of sentence in so far as it relates to a decision referred to in subsection (5).

[3] Schedule 2 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Crimes and Courts Legislation Amendment Act 2005