Queensland Consolidated Acts Queensland Consolidated Acts(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) the commissioner of the police service;
(d) the director of public prosecutions.
(2) The application may be made--
(a) if the offender is before a pilot program magistrate--without notice; or
(b) if the offender is not before a pilot program 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 corrective services' chief executive 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 the commissioner of the police service, notice must be given to the court, the offender and the corrective services' chief executive.
(6) If an application is made by the director of public prosecutions, notice must be given to the court, the offender and the corrective services' chief executive.
(7) Notice under subsection (3), (4), (5) or (6) must be given to the person at least the day before the application is to be heard before the magistrate.
(8) In this section--
"prosecuting authority" means the commissioner of the police service or the director of public prosecutions.
"prosecutor" means the prosecuting authority that appeared before the court when the intensive drug rehabilitation order was made.