Victorian Current Acts

DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 69I

    (1)     If an inspector detains or seizes any plant, crop or product, the inspector must immediately—

        (a)     give notice in writing of the detention or seizure including a statement of the reasons for detaining or seizing the plant, crop or product to the holder of the authority; and

        (b)     take or send to a laboratory or place approved by the Secretary for examination and testing, the plant, crop or product or a sample of the plant, crop or product.

    (2)     A person must not remove the whole or any part of a plant, crop or product detained or seized while the detention or seizure notice remains in force, except on the written authority or written direction of an inspector or the Secretary.

Penalty:     50 penalty units.

    (3)     If the results of the examination or test of the samples taken or sent in accordance with subsection (1)(b) show that the plant, crop or product was not in contravention of this Part or the authority, the inspector must immediately release or return the plant, crop or product to the holder of the authority.

    (4)     If the results of the examination or test of the samples taken or sent in accordance with subsection (1)(b) show that the plant, crop or product was in contravention of this Part or the authority, the inspector must—

        (a)     inform the holder of the authority or the person in whose possession the plant, crop or product was found (as the case may be) in writing of the results; and

        (b)     arrange for or order the harvest, disposal or destruction of the plant, crop or product.

    (5)     If an arrangement or order is made for the disposal or destruction of a plant, crop or product under subsection (4)(b), the inspector must give notice of that arrangement or order before that disposal or destruction takes place.

    (6)     A notice under subsection (5) must—

        (a)     be in writing; and

        (b)     include a statement of the reasons for arranging or ordering the disposal or destruction; and

        (c)     fix a time for the disposal or destruction; and

        (d)     be given to the holder of the authority.

S. 69I(7) amended by No. 37/2014 s. 10(Sch. item 47.22).

    (7)     Nothing in this section limits the power of a police officer to take legal proceedings in respect of any plant, crop or product found not to comply with this Part or an authority.

S. 69J inserted by No. 54/1997 s. 5.