Northern Territory Consolidated Acts

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MISUSE OF DRUGS ACT 1990 - SECT 19E

Determination of Local Court with respect to destruction on first mention of charge

    (1)     Where a person is charged with an offence with respect to a dangerous drug involving an amount which is not less than the minimum amount of the dangerous drug, the Local Court shall, on the first occasion on which the charge is mentioned before the Local Court, ascertain whether the dangerous drug has been destroyed.

    (2)     The Local Court shall, where the dangerous drug has not been destroyed, make a determination whether the dangerous drug should be retained.

    (3)     Where the accused is legally represented and no party objects to the destruction of the dangerous drug, the Local Court shall order that the dangerous drug, if it is not otherwise required to be forfeited to the Crown, be so forfeited and destroyed.

    (4)     Where the accused is not present before the Local Court, or is present but is not legally represented, or if any party objects to the destruction of the dangerous drug, the Local Court may order:

        (a)     the dangerous drug, if it is not otherwise required to be forfeited to the Crown, be so forfeited and destroyed; or

        (b)     where the Local Court is satisfied that it is in the interests of justice to do so or that there is other sufficient reason, that the dangerous drug be retained.



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