New South Wales Consolidated Acts

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 39I

39I Destruction of substances where analysis takes place

(1) A qualified police officer may order in writing that a substance (other than a prohibited plant) to which this Part applies is to be destroyed if the police officer is satisfied that--

(a) any samples of the substance that are required by the regulations to be taken and retained have been taken and retained, and

(b) a certificate of analysis of one of the samples has been given to the defendant or accused person in any proceedings relating to the substance.

(2) The substance must not be destroyed earlier than 28 days after the day on which written notice by a qualified police officer of the proposed destruction is served on the defendant or accused person in any proceedings for an offence relating to the substance.

(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) The Local Court may, on application by a member of the NSW Police Force, make an order authorising the destruction of a substance under this section if the Court is satisfied that--

(a) written notice of the proposed destruction cannot practicably be served on the defendant or accused person, and

(b) an order that the substance be destroyed has been made in accordance with this section.

Note : A substance cannot be destroyed under this section while a quantity review application is being determined or before any consequent determination of the mass of the substance has been completed (see section 39M).

(5) This section 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.