Australian Capital Territory Current Acts

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DRUGS OF DEPENDENCE ACT 1989 - SECT 193C

Destruction of cannabis without court order

    (1)     The government analyst may, without a court order, destroy seized cannabis plants in accordance with the seized cannabis plants protocol.

    (2)     Before destroying seized cannabis plants under subsection (1), the government analyst must preserve samples of the plants in accordance with seized cannabis plants protocol.

    (3)     The government analyst may, without a court order, destroy seized cannabis product in accordance with the seized cannabis product protocol.

    (4)     Before destroying seized cannabis product under subsection (3), the government analyst must preserve a sample of the product in accordance with the seized cannabis product protocol.

    (5)     The government analyst must not destroy seized cannabis plants or seized cannabis product within 24 hours after the plants or product are given to the analyst under section 191 (Analysis).

    (6)     The government analyst must not destroy seized cannabis plants or seized cannabis product

        (a)     contrary to a protocol; or

        (b)     contrary to a court order of which the analyst has notice; or

        (c)     if the analyst has notice of an application under section 193D in relation to the plants or product—until the application is finally decided.

    (7)     The government analyst must not destroy a sample preserved under subsection (2) or (4)—

        (a)     without the written consent of the director of public prosecutions; or

        (b)     contrary to a court order of which the analyst has notice.



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