39PReturn of substances

#### 39P Return of substances 39P Return of substances > > (1) A member of the NSW Police Force who seizes a substance to which this Part applies or has custody of a substance to which this Part applies must return the substance to the owner or person who had lawful possession of the thing before it was seized or came into custody if the member of the NSW Police Force is satisfied that— > > > > > (a) its retention as evidence is not required, and > > > > > (b) it is lawful for the person to have possession of the substance. > > > (2) This section is subject to any order made for the destruction of the substance under this Part or any other provision of this Act and to any order made under section 39O. > > > (3) This section is subject to section 39. > > **s 39P:** Ins 1986 No 47, Sch 1 (2). Subst 2016 No 6, Sch 1 \[3\]. > > **pt 3A, div 2A:** Ins 2002 No 128, Sch 1. Rep 2016 No 6, Sch 1 \[3\]. > > **s 39PA:** Ins 2002 No 128, Sch 1. Am 2010 No 97, Sch 2.7 \[1\]. Rep 2016 No 6, Sch 1 \[3\]. > > **pt 3A, div 2B:** Ins 2006 No 39, Sch 1 \[18\]. Rep 2016 No 6, Sch 1 \[3\]. > > **s 39PB:** Ins 2006 No 39, Sch 1 \[18\]. Am 2006 No 94, Sch 3.10; 2006 No 107, Sch 1.15 \[9\]–\[11\]. Rep 2016 No 6, Sch 1 \[3\].