Queensland Consolidated Acts Queensland Consolidated ActsA pilot program magistrate may make an order ("intensive drug rehabilitation order") for the offender for an offence if satisfied--
(a) the offence is a relevant offence; and
(b) the offender is an eligible person; and
(c) the offender has pleaded guilty to the offence; and
(d) the magistrate would, apart from this Act, sentence the offender to a term of imprisonment; and
(e) the offence is--
(i) a prescribed drug offence, or an offence against the Drugs Misuse Act 1986 that may be prosecuted summarily, for which the offender may be adequately punished with imprisonment of not more than 2 years; or
(ii) another offence for which the offender may be adequately punished with imprisonment of not more than 3 years; and
(f) the offender is not suffering from any mental condition that could prevent the offender's active participation in a rehabilitation program; and
(g) the maximum number of active intensive drug rehabilitation orders prescribed under a regulation has not been exceeded; and
(h) the facilities to supervise and control the offender's participation in a rehabilitation program are available for allocation to the offender under guidelines prescribed under a regulation; and
(i) there are reasonable prospects the offender would satisfactorily comply with an intensive drug rehabilitation order and it would be otherwise appropriate for an intensive drug rehabilitation order to be made, having regard to all relevant matters including, for example--
(i) the report mentioned in section 16(2);5 and
(ii) whether a charge for an offence that can not be dealt with under this Act (other than a disqualifying offence) is pending in a court against the offender, and if so, the nature and seriousness of the offence and when the charge is likely to be dealt with.