Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if the Magistrates Court has made an order under section 193D for the preservation of seized cannabis plants or seized cannabis product (the seized cannabis ) or a part or quantity of the seized cannabis.
(2) The director of public prosecutions or the government analyst may apply to the Magistrates Court for the amendment or revocation of the order.
(3) The applicant must, if practicable, give written notice of the application to—
(a) each person who has been charged with an offence relating to the seized cannabis; and
(b) each person who, to the knowledge or in the belief of the applicant, is likely to be charged with an offence relating to the seized cannabis.
(4) For subsection (3), a notice may be given to a person by giving it to a solicitor acting for the person in a proceeding, or expected proceeding, relating to the seized cannabis.
(5) The Magistrates Court may amend the order on application under subsection (2) if satisfied that the amendment—
(a) is in the public interest; and
(b) would not prejudice the proper interests of anyone mentioned in subsection (3) (a) or (b).
(6) The Magistrates Court must revoke the order on application under subsection (2) if satisfied that—
(a) all proceedings begun for offences in relation to the seized cannabis have been finalised; and
(b) no other proceedings for offences in relation to the seized cannabis are likely to be brought.
(7) However, the Magistrates Court must not revoke the order under subsection (6) if it appears to the court that the public interest requires the order to remain in effect.
(8) The director of public prosecutions or the government analyst may make more than 1 application under this section in relation to an order under section 193D.