ACTIn ForceAct
DRUGS OF DEPENDENCE ACT 1989
193EAmendment and revocation of cannabis preservation
Start here
Get a plain-English read of 193E
Turn the raw legal text into a practical explanation grounded in DRUGS OF DEPENDENCE ACT 1989.
193E Amendment and revocation of cannabis preservation
(1) This section applies if the Magistrates Court has made an order under
section 193D for the preservation of seized cannabis plants or seized
cannabis product (the seized cannabis) or a part or quantity of the
seized cannabis.
(2) The director of public prosecutions or the government analyst may
apply to the Magistrates Court for the amendment or revocation of
the order.
(3) The applicant must, if practicable, give written notice of the
application to—
(a) each person who has been charged with an offence relating to
the seized cannabis; and
(b) each person who, to the knowledge or in the belief of the
applicant, is likely to be charged with an offence relating to the
seized cannabis.
(4) For subsection (3), a notice may be given to a person by giving it to
a solicitor acting for the person in a proceeding, or expected
proceeding, relating to the seized cannabis.
(5) The Magistrates Court may amend the order on application under
subsection (2) if satisfied that the amendment—
(a) is in the public interest; and
(b) would not prejudice the proper interests of anyone mentioned in
subsection (3) (a) or (b).
(6) The Magistrates Court must revoke the order on application under
subsection (2) if satisfied that—
(a) all proceedings begun for offences in relation to the seized
cannabis have been finalised; and
(b) no other proceedings for offences in relation to the seized
cannabis are likely to be brought.
(7) However, the Magistrates Court must not revoke the order under
subsection (6) if it appears to the court that the public interest requires
the order to remain in effect.
(8) The director of public prosecutions or the government analyst may
make more than 1 application under this section in relation to an order
under section 193D.