Victorian Numbered Acts

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ACCESS TO MEDICINAL CANNABIS ACT 2016 (NO. 20 OF 2016) - SECT 91

Magistrates' Court may extend 3 month period

    (1)     This section applies if the Health Secretary is retaining seized cannabis for evidence in a proceeding under section 89(1)(b).

    (2)     The Health Secretary may apply to the Magistrates' Court for an extension (not exceeding 3 months) of the period during which the seized cannabis may be retained.

    (3)     An application under subsection (2) must not be made after—

        (a)     the day that is 3 months after the cannabis is seized; or

        (b)     if an extension has been granted under this section, the end of the period of the extension.

    (4)     The Magistrates' Court may make an order extending the period that the seized cannabis is to be retained if satisfied that—

        (a)     the making of the order is in the interests of justice; and

        (b)     the total period of retention does not exceed 12 months; and

        (c)     retention of the seized cannabis is necessary for the purpose of an investigation into whether a contravention of this Act has occurred.

    (5)     At least 7 days before the hearing of an application under subsection (1), the applicant must give notice to—

        (a)     the person from whom the cannabis was seized; and

        (b)     the lawful owner of the seized cannabis.



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