77Application for disposal order

77 Application for disposal order S. 77 amended by No. 87/2004 s. 22(2)(b). (1) If a person has been convicted of a Schedule 1 offence, the DPP or an appropriate officer may, without notice, subject to subsection (2), apply to the Magistrates' Court or the court before which the person was convicted of the offence for a disposal order in respect of— S. 77(1)(a) amended by No. 40/2017 s. 24(1)(a). (a) a drug of dependence, a psychoactive substance or a poison or controlled substance within the meaning of the **Drugs, Poisons and Controlled Substances Act 1981**; or S. 77(1)(b) substituted by No. 40/2017 s. 24(1)(b). (b) an instrument, device or substance that is or has been used or is capable of being used for or in— (i) the cultivation, manufacture, sale or use or in the preparation for cultivation, manufacture, sale or use of a drug of dependence within the meaning of the **Drugs, Poisons and Controlled Substances Act 1981**; or (ii) the production, sale, commercial supply or preparation for sale or commercial supply of a psychoactive substance within the meaning of the **Drugs, Poisons and Controlled Substances Act 1981**; or (c) an explosive substance within the meaning of Division 8 of Part I of the **Crimes Act 1958**; or S. 77(1)(ca) inserted by No. 27/2016 s. 18, substituted by No. 47/2016 s. 35(3). (ca) child abuse material as defined in section 51A of the **Crimes Act 1958**; or S. 77(1)(cb) inserted by No. 47/2016 s. 35(3). (cb) electronic material as defined in section 51A of the **Crimes Act 1958** that contains child abuse material as defined in that section; or A disposal order in respect of child abuse material results in the destruction or disposal of the child abuse material. A disposal order in respect of electronic material that contains child abuse material results in the destruction or disposal of the electronic material. S. 77(1)(cc) inserted by No. 38/2022 s. 25. (cc) an intimate image as defined in section 53O(1) of the **Crimes Act 1958**; or S. 77(1)(cd) inserted by No. 38/2022 s. 25. (cd) electronic material as defined in section 53O(1) of the **Crimes Act 1958** that contains an intimate image as defined in that section; or A disposal order in respect of an intimate image results in the destruction or disposal of the intimate image. A disposal order in respect of electronic material that contains an intimate image results in the destruction or disposal of the electronic material. S. 77(1)(d) amended by No. 63/2003 s. 16(a). (d) any property that is prescribed by the regulations for the purposes of this subsection; or S. 77(1)(e) inserted by No. 63/2003 s. 16(b). (e) any other property that— (i) is of negligible value; or (ii) is not fit for the use for which it is intended and cannot be readily made fit for that use— that was used, or was intended to be used, in, or in connection with, the commission of the offence or was derived or realised, directly or indirectly, by that person or another person, from the commission of the offence. (2) An application may only be made under subsection (1) before the end of the relevant period (if any) in relation to the conviction. S. 77(3) inserted by No. 40/2017 s. 24(2). (3) In this section, ***commercial supply*** has the same meaning as it has in Part VI of the **Drugs, Poisons and Controlled Substances Act 1981**.