Penalties and Sentences Act 1992

An eligible drug offender is a person charged with an eligible drug offence who has pleaded guilty to the offence.

The person is not an eligible drug offender if—

a charge against the person for a disqualifying offence is pending in a court; or

the person has, at any time, been convicted of a disqualifying offence; or

2 diversion alternatives have previously been given to the person.

For subsection (2)(b), a conviction of a disqualifying offence does not include a conviction in relation to which the rehabilitation period has expired, and not been revived, under the Criminal Law (Rehabilitation of Offenders) Act 1986.

For subsection (2)(c)—

a diversion alternative has been given to the person if—

a court has made an order in relation to the person under section 19(1)(b) that includes a drug diversion condition; or

the offender has, at any time, agreed to an offer under the Police Powers and Responsibilities Act 2000, section 379AA to participate in a drug diversion assessment program; or

the person has been given a prescribed diversion alternative under a law of another State or the Commonwealth; and

for counting the number of diversion alternatives given to the person, a diversion alternative—

is counted even if it was given for an offence committed before the diversion alternative counted as the first diversion alternative was given; and

is not counted if it was given on the same day as the diversion alternative counted as the first diversion alternative was given.

In this section—