Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) If a police officer of or above the rank of Commander thinks that a substance seized under this Act, other than a dangerous drug or a precursor, is:
(a) dangerous to the health or safety of humans or property; or
(b) toxic, flammable or corrosive,
the officer may order the destruction or disposal of the substance by a police officer.
(2) This section applies to and in relation to a substance whether or not a person has been or is to be charged with an offence in relation to the substance or a dangerous drug or precursor seized under this Act.
(3) A substance may only be destroyed under subsection (1) if:
(a) a sample, or samples, that provide a true representation of the nature of the property have been taken by or on behalf of a police officer; and
(b) a sample, or samples, that provide a true representation of the nature of the property are kept for the purpose of enabling at least one person who is, or is to be, charged with an offence in relation to the property to have the samples analysed or examined under section 19PA ; and
(c) a sample is kept by the Commissioner of Police or a police officer who is of or above the rank of Commander and is nominated by the Commissioner of Police.
(4) A police officer must make all reasonable attempts to serve on each person who is, or is to be, charged with an offence in relation to the property written notice of his or her entitlement under section 19PA to have a sample or samples of the substance analysed or examined.
(5) Subsections (3) and (4) do not apply if an analyst has issued a certificate in relation to the substance specifying that the substance may be too dangerous to the health or safety of persons to take or keep samples of it.
(6) Section 19PA and subsections (3) and (4) do not apply in relation to a substance or thing if a police officer of or above the rank of Commander is satisfied on reasonable grounds that:
(a) there is no lawful owner of the substance or thing; and
(b) if the substance was seized in circumstances that relate to a dangerous drug or a precursor – it is not intended to charge any person with an offence in relation to the dangerous drug or precursor.
(7) A substance may be destroyed or disposed of under this section at the place at which it was seized or another place that a police officer who is of or above the rank of Commander thinks fit.
(8) This Part does not apply to the destruction of part or all of a substance if the destruction occurs as part of the process of analysing or examining the substance.