New South Wales Consolidated Acts

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 39K

39K Destruction of dangerous substances or articles

(1) A qualified police officer may order in writing that a substance or article (whether or not it consists of or includes a substance to which this Part applies) is to be destroyed if the police officer is satisfied that--

(a) the substance or article has been seized and is being retained for the purpose of proceedings for an offence under this Act, and

(b) an analyst has certified in writing that, in the interests of health or safety, the substance or article is required to be destroyed, and

(c) evidence of the substance or article has been recorded by photographing or other means and, if practicable, the particulars (if any) prescribed by the regulations have been recorded, and

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

(2) The substance or article 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 or article.

(3) Despite subsection (2), a substance or article may be destroyed at any time if an analyst certifies in writing that, in the interests of health or safety, the substance or article is required to be destroyed before the expiry of the period specified by that subsection.

(4) The Local Court may, on application by a member of the NSW Police Force, make an order authorising the destruction of a substance or article 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 or article 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).