New South Wales Consolidated Acts

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 39G

39G Destruction of substance where no likelihood of prosecution

(1) A qualified police officer may order in writing that a substance to which this Part applies is to be destroyed if the police officer is satisfied that no person has been charged with an offence with respect to the substance and no person is likely to be charged.

(2) The substance (other than a prohibited plant) must not be destroyed earlier than 21 days after the day on which the substance first came into the custody of any member of the NSW Police Force.

(3) Before the substance is destroyed, evidence of the substance is to be recorded by photographing or other means and the particulars (if any) prescribed by the regulations are to be recorded.

(4) Subsection (3) does not apply to a prohibited drug, or suspected prohibited drug, if the quantity of the drug is less than the traffickable quantity in relation to the drug.