New South Wales Consolidated Acts

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 39M

39M Mass review applications

(1) This section applies if a certificate as to the initial mass of a substance to which this Part applies is given under the regulations by a member of the NSW Police Force or an analyst.

(2) The Local Court may, on the application of a defendant or accused person in any proceedings for an offence relating to the substance, make a quantity review order for a substance.

(3) The application must be made not later than 60 days after the certificate is served on the defendant or accused person.

(4) The Local Court may make a quantity review order only if it is satisfied that--

(a) there has been a substantial failure to comply with this Act or the regulations in respect of the substance, or

(b) there is a real doubt as to the accuracy of the certificate issued by the member of the NSW Police Force or analyst in respect of the substance.

(5) A quantity review order made by the Local Court may require--

(a) that a member of the NSW Police Force make all of the substance in the custody of the NSW Police Force available to an employee of the Ministry of Health for determination of the mass of the substance, and

(b) that the person to whom the substance is made available determine, or arrange the determination of, the mass of the substance, and

(c) that a further certificate under the regulations specifying the mass of the substance so determined be provided to the applicant.

(6) If an application is made for a quantity review order for a substance in accordance with this section, the substance, including any sample previously provided for analysis, may be destroyed under another provision of this Part or the regulations only if--

(a) the application is withdrawn or refused, or

(b) the application is granted and a certificate has been provided to the applicant in accordance with the quantity review order.

(7) Subsection (6) does not prevent the destruction of a substance in accordance with this Part if destruction is necessary before that subsection is complied with in the interests of health or safety or because the substance cannot reasonably be securely retained.