Justice Legislation Amendment (Penalty Notices) Regulation 2024

Starting February 29, 2024, a new law called the Justice Legislation Amendment (Penalty Notices) Regulation 2024 introduces the Early Drug Diversion Initiative (EDDI). This initiative offers an alternative path for dealing with minor drug offences before they go to court.

Penalty Notices for Specific Low-level Drug Offences

Under EDDI, if someone is caught with a small quantity of illicit drugs or drug-related equipment for the first or second time, the police can issue them a penalty notice instead of taking them to court.

Possession of prohibited substances as outlined in section 10 of the Drug Misuse and Trafficking Act 1985 pertaining to small quantities of illicit drugs other than cannabis leaf, or less than a traffickable amount of MDMA in tablet form are eligible offences under the EDDI.

Amendments to the Fine Regulations 2020

The EDDI also allows a penalty notice to be “paid off” if the individual completes a tailored drug health intervention program as part of EDDI. Importantly, this new regulation reflects a shift towards a more supportive approach for minor drug offences within the criminal justice system.

EDDI does not however apply to those more serious drug crimes or drug driving offences including to individuals who have prior convictions for serious drug matters such as supply or offences related to cannabis which are primarily dealt with under the Cannabis Cautioning Scheme for quantities up to 30g.

Ultimately in all cases, Police retain the discretion as to whether to pursue a charge having considered the circumstances of the offending and the severity of the offence.

The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.