ACTIn ForceAct
DRUGS OF DEPENDENCE ACT 1989
193DOrder for preservation of cannabis
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193D Order for preservation of cannabis
(1) A person may apply to the Magistrates Court for an order for the
preservation of seized cannabis plants or seized cannabis product (the
seized cannabis) if the person—
(a) has been charged with an offence in relation to the seized
cannabis; or
(b) believes, on reasonable grounds, that he or she is likely to be
charged with an offence in relation to the seized cannabis.
(2) The applicant must give notice of the application to the director of
public prosecutions and the government analyst.
(3) Without limiting how notice of the application may be given, the
applicant may give notice by telephone or by providing a written
copy.
(4) If the Magistrates Court considers that a temporary order should be
made to prevent the imminent destruction of the seized cannabis, the
court may make an order for the preservation of the seized cannabis
for a stated period.
(5) The Magistrates Court may make an order under subsection (4) even
if notice of the application has not been given to the director of public
prosecutions or the government analyst.
(6) The Magistrates Court may make an order for the preservation of the
seized cannabis, or a part or quantity of the seized cannabis.