Penalties and Sentences Act 1992

The court may make an order—

releasing the offender absolutely; or

that the offender be released if the offender enters into a recognisance, with or without sureties, in such amount as the court considers appropriate, on the conditions that the offender must—

be of good behaviour; and

appear for conviction and sentence if called on at any time during such period (not longer than 3 years) as is stated in the order.

In making an order under subsection (1)(b), the court may impose any additional conditions that it considers appropriate.

Without limiting subsection (2), the court may impose a condition that the offender must participate in a drug assessment and education session by a stated date (a drug diversion condition) if—

the court is a drug diversion court; and

the offender is an eligible drug offender; and

the offender consents to participating in a drug assessment and education session.

Also, without limiting subsection (2) or (2A), if the offender consents to completing a DAAR course, the court may impose a condition (a DAAR condition) that the offender complete a DAAR course by a stated day.

If a court makes an order under subsection (1), the court may also make any other order for payment of compensation or restitution that the court could have made had the offender been convicted.

In this section—