After section 104A of the Principal Act , the following section is inserted in Part 12:

104B.     Savings on commencement of Sentencing Amendment (Alcohol Treatment Order) Act 2024

(1)  In this section –

amending Act means the Sentencing Amendment (Alcohol Treatment Order) Act 2024 ;

commencement day means the day on which the amending Act commenced;

drug treatment order assessment report means a drug treatment order assessment report, made under section 27D of the Act, as in force immediately before the commencement day.

(2)  On the commencement day –

(a) a drug treatment order in force immediately before the commencement day remains in effect on the same terms and conditions; and

(b) this Act, as in force immediately before the commencement day, applies to the drug treatment order.

(3)  On and after the commencement day, a contravention of, or failure to comply with, a drug treatment order may be dealt with under this Act as if the amending Act had not been enacted.

(4)  If, before the commencement day –

(a) a court is imposing a sentence on an offender in relation to an offence; and

(b) a court has ordered a drug treatment order assessment report in respect of the offender; and

(c) the report has not been provided –

the order of the court for a drug treatment order assessment report is taken, on the commencement day, to be an order for a drug and alcohol treatment order assessment report.

(5)  If, before the commencement day –

(a) a court is imposing a sentence on an offender in relation to an offence; and

(b) the court has ordered, and been provided with, a drug treatment order assessment report in respect of the offender –

on and after the commencement day, the court may use the drug treatment order assessment report as the basis for imposing a drug and alcohol treatment order on the offender.