New South Wales Consolidated Acts

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 39P

39P Return of substances

(1) A member of the NSW Police Force who seizes a substance to which this Part applies or has custody of a substance to which this Part applies must return the substance to the owner or person who had lawful possession of the thing before it was seized or came into custody if the member of the NSW Police Force is satisfied that--

(a) its retention as evidence is not required, and

(b) it is lawful for the person to have possession of the substance.

(2) This section is subject to any order made for the destruction of the substance under this Part or any other provision of this Act and to any order made under section 39O.

(3) This section is subject to section 39.