Victorian Current Acts

DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 91

interests

S. 91(1) amended by Nos 37/2014 s. 10(Sch. item 47.41), 40/2017 s. 17(2)(b).

    (1)     Without limiting this Part, if a police officer carrying out a function under this Act or any other Act or law—

        (a)     enters—

              (i)     any public land for the purposes of searching that land or premises on that land or any vehicle, boat, vessel or aircraft on that land or on those premises; or

              (ii)     any land or premises other than public land or premises on public land with the written or oral permission of either the owner or occupier of that land or those premises for the purposes of searching that land or premises or any vehicle, boat, vessel or aircraft on that land or on those premises; and

        (b)     finds on that land or those premises—

              (i)     a drug of dependence or a substance that contains a drug of dependence; or

S. 91(1)(b)(ia) inserted by No. 40/2017 s. 17(2)(a)(i).

        (ia)     a psychoactive substance; or

              (ii)     a poison or controlled substance; or

S. 91(1)(b)(iii) amended by No. 40/2017 s. 17(2)(a)(ii).

              (iii)     an instrument, device or substance that is or has been used or is capable of being used for or in the cultivation, manufacture, sale or use or in the preparation for cultivation, manufacture, sale or use of a drug of dependence; or

S. 91(1)(b)(iv) inserted by No. 40/2017 s. 17(2)(a)(iii).

              (iv)     an instrument, device or substance that is or has been used or is capable of being used for or in the production, sale, commercial supply or preparation for sale or commercial supply of a psychoactive substance; and

S. 91(1)(c) amended by No. 37/2014 s. 10(Sch. item 47.41).

        (c)     an analyst or botanist within the meaning of section 120 certifies in writing to the police officer that destruction or disposal of the thing is required in the interests of health or safety—

the drug of dependence, psychoactive substance, poison, controlled substance, instrument, device or substance, as the case requires, may be destroyed or disposed of in accordance with this section.

    (2)     For the purposes of this section, the Chief Commissioner of Police or a delegated police officer may authorise the destruction or disposal of, or cause to be destroyed or disposed of, a thing referred to in subsection (1)(b) after causing to be taken, where practicable, any samples of it as are required for the purposes of this Act.

    (3)     A thing referred to in subsection (1)(b)—

        (a)     may be disposed of or destroyed on the land or premises on which the thing was found, if practicable; or

        (b)     if it is not practicable to comply with paragraph (a), may be seized and carried away for disposal or destruction at another place.

S. 91(4) amended by No. 40/2017 s. 17(3).

    (4)     If a sample of a thing referred to in subsection (1)(b) taken in accordance with subsection (2) is sufficient to enable an analysis or examination to be made both in the investigation of an offence against a provision of Part IIIA or Part V and on behalf of a person charged with that offence, on request by that person or that person's legal representative, a part of the sample taken sufficient for analysis or examination must be delivered to an analyst or botanist within the meaning of section 120 nominated by that person or that person's legal representative.

    (5)     Without limiting any other power under this Act, the Chief Commissioner of Police or a delegated police officer may authorise the disposal or destruction of, or cause to be destroyed or disposed of, any sample of a thing referred to in subsection (1)(b) taken in accordance with this section where that sample of that thing is no longer required for the purpose of any subsequent proceedings.

S. 92 repealed by No. 10002 s. 7(1), new  s. 92 inserted by No. 52/2006 s. 14.