Victorian Numbered Acts Victorian Numbered Acts(1) This section applies 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 a forfeiture and destruction order if the Secretary—
(a) is satisfied on reasonable grounds that, in relation to the seized cannabis, there has been a contravention of this Act, the regulations, the Drugs, Poisons and Controlled Substances Act 1981 , the regulations made under that Act or a manufacturing licence (as the case requires); and
(b) has cancelled the manufacturing licence held by the person from whom the cannabis was seized.
(3) On an application under subsection (2), the Magistrates' Court may order that the seized cannabis is forfeited to the Crown.
(4) The Magistrates' Court may specify, in an order under subsection (3), that the seized cannabis is to be destroyed.
(5) The Magistrates' Court may only make an order under subsection (4) if satisfied that—
(a) the seized cannabis poses a risk to public health and safety; and
(b) it is appropriate to make the order in all the circumstances.
(6) The Magistrates' Court may—
(a) give any direction to enable the Health Secretary to carry out an order under subsection (3); and
(b) authorise the Health Secretary to give any appropriate direction to destroy the seized cannabis in accordance with the order.