Australian Capital Territory Current Acts

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DRUGS OF DEPENDENCE ACT 1989 - SECT 171B

Cannabis offences—notification of right to apply for preservation order

    (1)     This section applies if a police officer seizes cannabis under this Act or another Territory law.

    (2)     As soon as practicable after seizing the cannabis, the police officer must give to each relevant person a written statement to the following effect:

        ‘You have been arrested for/charged with/may be charged with* an offence/offences* against the Drugs of Dependence Act 1989 /Criminal Code, chapter 6 (Serious drug offences)* relating to seized cannabis. Unless a court orders otherwise, the government analyst may destroy seized cannabis without a court order. You have the right, under the Drugs of Dependence Act 1989 , section 193D, to apply to the Magistrates Court for an order for the preservation of the seized cannabis. If you do not make an application within 24 hours, the cannabis may be destroyed and only a sample preserved.'
* Omit any alternative that is not relevant

    (3)     In this section:

"relevant person "means—

        (a)     a person arrested for, or charged with, an offence against this Act or the Criminal Code

, chapter 6 (Serious drug offences) in relation to the seized cannabis; or

        (b)     a person who, to the knowledge or in the belief of the police officer, is likely to be charged with an offence against this Act or the Criminal Code

, chapter 6 (Serious drug offences) in relation to the seized cannabis.



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