(1) On completion of an individual support plan byanaccused to the satisfaction of the Court, the Court must hear and determinethe criminalproceeding to which the individual support plan related.
(2) If anaccused completes, or participates in,an individual support plan to the satisfaction of the Court, the Court maydischarge theaccused without any finding of guilt.
(3) The fact of participation in the individualsupport plan is not to be treated as a finding of guilt.
(4) If theaccused is discharged by the Court, thefact of participation in, or completion of, the individual support plan andthe discharge of theaccused is a defence to a later charge for the sameoffence or a similar offence arising out of the same circumstances.
(5) If anaccused participates in an individualsupport plan to the satisfaction of the Court and theaccused is subsequentlyfound guilty of the charge, the Court must take into account the extent towhich theaccused participated in the individual support plan when sentencingtheaccused.
(6) If anaccused fails to participate in anindividual support plan to the satisfaction of the Court and theaccused issubsequently found guilty of the charge, the Court must not take into accounttheaccused's failure to participate in the individual support plan whensentencing theaccused.
(7) Nothing in this section affects therequirement to observethe rules of natural justice.
(8) This section does not affect the incurring ofdemerit points under theRoad Safety Act 1986or regulations made underthat Act.
(9) Nothing in this section affects or limits theoperation of theSentencing Act 1991or the powers of amagistrate or theCourt under that Act.
