Victorian Current Acts

DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 43

    (1)     Where any poison or controlled substance or other substance or document is seized by an authorized officer pursuant to this Part, the authorized officer shall forthwith—

        (a)     give notice of the seizure in the prescribed form to the person apparently in charge thereof; or

        (b)     if there is no person apparently in charge thereof, give notice of the seizure to any person appearing to be the consignor or owner thereof by any name and address attached thereto or to any package containing the poison or controlled substance or the other substance or document if the address is a place in Victoria and otherwise to the importer or consignee or his agent.

S. 43(2) amended by No. 57/1989 s. 3(Sch. item 59.3).

    (2)     Any person claiming any poison or controlled substance or other substance or document seized under this part may within 96 hours after the seizure complain of the seizure by giving notice verified by statutory declaration of the complaint in the prescribed form to the registrar at the proper venue of the Magistrates' Court and a copy of the notice and the statutory declaration to the authorized officer responsible for the seizure.

S. 43(3) amended by No. 57/1989 s. 3(Sch. item 59.4).

    (3)     The complaint shall be determined by the Magistrates' Court which (after hearing the evidence) may either confirm or disallow the seizure wholly or in part and make an order accordingly.

    (4)     If no complaint is made or if the seizure is confirmed each poison or controlled substance or other substance or document shall thereupon become the property of the Crown and may be destroyed or disposed of as the Minister directs.

S. 43(5) inserted by No. 20/2016 s. 116, repealed by No. 34/2019 s. 18.

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