Western Australian Current Acts

MISUSE OF DRUGS ACT 1981 - SECT 8U

8U .         Analysis of seized thing may be requested

        (1)         On receipt of a destruction notice, a person may apply to the Commissioner to have a sample of the thing identified in the notice analysed by an approved analyst.

        (2)         An application must be —

            (a)         made in the prescribed form; and

            (b)         made within 21 days of the receipt of the notice; and

            (c)         accompanied by the prescribed fee.

        (3)         If an application is made under subsection (1), the Commissioner must —

            (a)         request an approved analyst to analyse a sample of the thing and provide the Commissioner with a report of the analysis; and

            (b)         direct that the thing not be destroyed under the destruction notice.

        (4)         After considering a report of the analysis of a sample of a thing provided by an approved analyst, the Commissioner must —

            (a)         if the Commissioner is satisfied that the thing is a psychoactive substance — order that the thing be destroyed; or

            (b)         if the Commissioner is satisfied that the thing is not a psychoactive substance but is a relevant thing as defined in section 27(6) — order that the thing be dealt with under section 27 as if it had been seized and detained under section 26; or

            (c)         if the Commissioner is satisfied that the thing is not a psychoactive substance or a relevant thing —

                  (i)         order that the thing be released to the person from whom it was seized; and

                  (ii)         order that the fee paid by the applicant for a sample of the thing to be analysed be refunded to the applicant.

        [Section 8U inserted: No. 29 of 2015 s. 4.]