Police Powers and Responsibilities Act 2000

This section applies if the person—

has previously been offered the opportunity to participate in a drug diversion assessment program under section 379, whether before or after the commencement of this section; and

has not previously been offered the opportunity to participate in a drug diversion assessment program under this section.

If the person is an adult, a police officer must offer the person the opportunity to participate in a subsequent drug diversion assessment program.

If the person is a child, a police officer may offer the person the opportunity to participate in a subsequent drug diversion assessment program.

A police officer may make the offer at any time before the person appears before a court to answer a charge of the minor drugs offence.

When making the offer, the police officer must explain the nature and effect of the drug diversion assessment program—

to the person; and

if a support person is present when the offer is made—to the support person.