Western Australian Current Acts Western Australian Current Acts (1) In this section
and section 8U —
destruction notice means a notice that complies
with subsections (4) and (5).
(2) If there are
reasonable grounds to suspect that any thing found or received during the
exercise of the powers conferred by section 8S or by a search warrant is a
psychoactive substance, a police officer may seize and detain the thing until
it is dealt with under this section or section 8U.
(3) A police officer
must give to a person from whom a thing is seized under subsection (2) a
destruction notice if —
(a) the
police officer is satisfied that no person will be tried with the commission
of an offence in relation to the thing; or
(b) a
person is tried with the commission of an offence in relation to the thing and
the person is not convicted of that offence.
(4) A destruction
notice must —
(a) be
in writing in the prescribed form; and
(b)
identify the thing to which it relates; and
(c)
advise that the thing will be destroyed on or after a day specified in the
notice unless, before that day, an application is made under section 8U(1) to
have a sample of the thing analysed.
(5) The day referred
to in subsection (4)(c) cannot be a day that is sooner than 21 days after the
day the notice is given.
(6) Subject to
section 8U, a police officer may destroy a thing seized under subsection (2)
on or after the day specified in a destruction notice given in relation to the
thing.
[Section 8T inserted: No. 29 of 2015 s. 4.]