Sentencing (Drug and Alcohol Treatment Orders) Legislation Amendment Act 2023 (ACT)

Case

Sentencing (Drug and Alcohol Treatment Orders) Legislation Amendment Act 2023

A2023-40

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Crimes (Sentence Administration) Act 2005

4            Application—pt 5A.3Section 82B (b)  3

5            Section 82B (c)  3

Part 3Crimes (Sentencing) Act 2005

6            Drug and alcohol treatment ordersSection 12A (1) (b)  4

7           Section 12A (2)  4

8            Section 12A (3)  4

9            Section 12A (4) (a) and (b)  5

10          Section 12A (4) (c)  5

11          Section 12A (9), definition of associated offence  5

12          Section 12A (9), new definition of treatment program  5

13          Drug and alcohol treatment orders—suitabilitySection 80T (1), note  5

14          Custodial part of treatment ordersSection 80W (1) (a)  6

15          Section 80W (1) (b)  6

16          Treatment and supervision part of treatment ordersSection 80X (2) (b) (ii)  6

17          Core conditionsNew section 80Y (1) (da)  6

18          Treatment program conditionsSection 80Z (2) (f)  7

19          Section 80Z (2) (g)  7

20          Division 5.4A.7 heading  7

21          Breach of treatment order—other than commission of offenceNew section 80ZB (1) (d) (vii) and (viii)  7

22          New section 80ZB (2A)  8

23          Section 80ZB (3)  8

24          Breach of treatment order—commission of offenceSection 80ZD (1)  8

25          Section 80ZD (2)  9

26          Section 80ZD (2) (d)  9

27          Section 80ZD (3)  9

28          New section 80ZD (8)  10

29          Drug and alcohol treatment orders—reviewSection 80ZH (4) (b)  10

30          Section 80ZH (4) (c)  10

31          Application—pt 5.5Section 81 (c)  10

Sentencing (Drug and Alcohol Treatment Orders) Legislation Amendment Act 2023

A2023-40

An Act to amend legislation about sentencing, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Sentencing (Drug and Alcohol Treatment Orders) Legislation Amendment Act 2023.

  2. Commencement

    This Act commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the Crimes (Sentence Administration) Act 2005 and the Crimes (Sentencing) Act 2005.

Part 2Crimes (Sentence Administration) Act 2005

  1. Application—pt 5A.3
    Section 82B (b)

    omit

    section 80ZD (2) (d) (i)

    substitute

    section 80ZD (3A) (a)

  2. Section 82B (c)

    omit

    section 80ZD (2) (d) (ii)

    substitute

    section 80ZD (3A) (b)

Part 3Crimes (Sentencing) Act 2005

  1. Drug and alcohol treatment orders
    Section 12A (1) (b)

    substitute

    (b)the Supreme Court convicts the offender of the eligible offence and sentences the offender to a term of imprisonment for—

    (i)if the offender is convicted of 1 eligible offence only—at least 1 year but not more than 4 years; or

    (ii)if the offender is convicted of more than 1 eligible offence—a total period of at least 1 year but not more than 4 years; and

  2. Section 12A (2)

    omit

    fully

  3. Section 12A (3)

    substitute

    (3)A drug and alcohol treatment order, in suspending a sentence of imprisonment, must—

    (a)if the sentence is taken to have started on a day before the day the sentence is imposed—suspend the remaining part of the sentence beginning on the day the sentence is imposed; or

    (b)in any other case—fully suspend the sentence.

  4. Section 12A (4) (a) and (b)

    substitute

    (a)the offender must not be subject to more than 1 treatment order at any particular time; and

    (b)a treatment order may apply to more than 1 eligible offence dealt with in the same sentencing proceeding; and

  5. Section 12A (4) (c)

    omit

    subsection (3)

    substitute

    subsection (1) (b)

  6. Section 12A (9), definition of associated offence

    omit

  7. Section 12A (9), new definition of treatment program

    insert

    treatment program—see section 80Z (1) (a).

  8. Drug and alcohol treatment orders—suitability
    Section 80T (1), note

    omit

  9. Custodial part of treatment orders
    Section 80W (1) (a)

    omit

    at least 1 year but not more than 4 years

    substitute

    a term mentioned in section 12A (1) (b)

  10. Section 80W (1) (b)

    omit

    fully suspends the sentence of imprisonment

    substitute

    suspends the sentence of imprisonment as mentioned in section 12A (3)

  11. Treatment and supervision part of treatment orders
    Section 80X (2) (b) (ii)

    substitute

    (ii)if the court earlier cancels the order, or the treatment and supervision part of the order—on the day of cancellation.

  12. Core conditions
    New section 80Y (1) (da)

    insert

    (da)must submit to alcohol and drug testing under the Corrections Management Act 2007 when directed by a member of the treatment and supervision team for the treatment order; and

  13. Treatment program conditions
    Section 80Z (2) (f)

    omit

  14. Section 80Z (2) (g)

    omit

    under alcohol or drug testing

    substitute

    for alcohol or a drug

  15. Division 5.4A.7 heading

    substitute

Division 5.4A.7        Drug and alcohol treatment orders—breaches etc

  1. Breach of treatment order—other than commission of offence
    New section 80ZB (1) (d) (vii) and (viii)

    insert

    (vii)undergo an assessment for admission to a residential rehabilitation program and, if found suitable, participate in the program;

    (viii)any other condition, not inconsistent with this Act or the Crimes (Sentence Administration) Act 2005, that the court considers appropriate;

  2. New section 80ZB (2A)

    insert

    (2A)The court may make an order under subsection (1) (e) for longer than 14 days if satisfied that treatment appropriate to achieve the objects of the treatment order will only become available to the offender at the end of the longer period.

  3. Section 80ZB (3)

    omit

    an order made under subsection (1) has breached the order

    substitute

    a condition of an order made under subsection (1) (d) has breached the condition

  4. Breach of treatment order—commission of offence
    Section 80ZD (1)

    substitute

    (1)This section applies if—

    (a)an offender to whom a treatment order applies commits an offence against a law in force in Australia or elsewhere (a further offence) while subject to the order; and

    (b)the further offence is punishable by imprisonment; and

    (c)the court—

    (i)convicts the offender of the further offence; or

    (ii)is satisfied that the offender was convicted by another court, in the ACT or elsewhere, of the further offence.

  5. Section 80ZD (2)

    omit

    sentence imposed on the offender for the further offence is not a sentence of imprisonment

    substitute

    offender is not subject to a sentencing order for the further offence

  6. Section 80ZD (2) (d)

    substitute

    (d)make an order cancelling the treatment order.

  7. Section 80ZD (3)

    substitute

    (3)If the offender is subject to a sentencing order for the further offence, the court must make an order cancelling the treatment order.

    NoteA sentence of imprisonment suspended under a treatment order is not part of a suspended sentence order (see s 12 (7)).

    (3A)If the court cancels a treatment order under subsection (2) (d) or (3), the court must either—

    (a)impose the sentence of imprisonment that was suspended under the custodial part of the treatment order; or

    (b)if the court considers it appropriate in the circumstances—resentence the offender for each offence in relation to which the treatment order was made and in any way in which the court could deal with the offender if it had convicted the offender of each offence at the time of resentencing, other than by making an order under section 12A (Drug and alcohol treatment orders).

  8. New section 80ZD (8)

    insert

    (8)In this section:

    sentencing order—see section 12A (9).

  9. Drug and alcohol treatment orders—review
    Section 80ZH (4) (b)

    omit

    section 80ZD (2) (d) (i)

    substitute

    section 80ZD (3A) (a)

  10. Section 80ZH (4) (c)

    omit

    section 80ZD (2) (d) (ii)

    substitute

    section 80ZD (3A) (b)

  11. Application—pt 5.5
    Section 81 (c)

    substitute

    (c)the sentence of imprisonment is not—

    (i)fully suspended; or

    (ii)suspended under the custodial part of a drug and alcohol treatment order.

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 31 August 2023.

  2. Notification

    Notified under the Legislation Act on 8 November 2023.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Sentencing (Drug and Alcohol Treatment Orders) Legislation Amendment Bill 2023, which was passed by the Legislative Assembly on 25 October 2023.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2023

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