Queensland Consolidated Acts

DRUG COURT ACT 2000 - SECT 35

(1) An application under section 33 or 34 may be made by any of the following persons--

(a) the offender;

(b) an authorised corrective services officer;

(c) a prosecuting authority.

(2) The application may be made--

(a) if the offender is before a drug court magistrate--without notice; or

(b) if the offender is not before a drug court magistrate--after giving notice in the approved form and as required under subsection (3), (4), (5) or (6).

(3) If an application is made by the offender, notice must be given by the court to the chief executive (corrective services) and the prosecutor.

(4) If an application is made by an authorised corrective services officer, notice must be given to the court, the offender and the prosecutor.

(5) If an application is made by a prosecuting authority, notice must be given to the court, the offender and the chief executive (corrective services).

(6) Notice under subsection (3), (4) or (5) must be given to the person at least the day before the application is to be heard before the magistrate.

(7) In this section--

prosecutor means the prosecuting authority that appeared before the court when the intensive drug rehabilitation order was made.