194Disposal of seized substances other than cannabis on

194 Disposal of seized substances other than cannabis on order of magistrate (1) This section does not apply to cannabis. (2) On receiving a notification from an analyst about a seized substance that the analyst has identified as being or containing a drug of dependence, prohibited substance or chapter 6 substance, the director of public prosecutions may apply to a magistrate in accordance with section 194A for an order that a specified quantity of the substance be disposed of. (3) The director of public prosecutions shall only specify a quantity under subsection (2) that would leave a quantity of the seized substance remaining at least sufficient to enable the substance to be analysed twice. (4) The director of public prosecutions shall give a copy of an application to— (a) the person from whom the substance was seized, if that person is identifiable; and (b) any person who the director of public prosecutions believes on reasonable grounds to have had an interest in the substance immediately before its seizure; and (c) each defendant in proceedings for an offence in relation to the substance, or the defendant’s lawyer on the record in the proceedings. (5) On an application in accordance with this section, if a magistrate is satisfied— (a) that each person referred to in subsection (4) has been given a reasonable opportunity to be heard; and (b) that no person notified of the application disputes the total weight of the seized substance as stated in the application; and (c) that no person who has not been notified of the application is likely to be charged with an offence in relation to that substance; the magistrate shall order the government analyst to dispose of the quantity of the seized substance specified in the application. (6) The government analyst shall comply with an order of the magistrate under subsection (5). (7) If a magistrate has refused to make an order, the director of public prosecutions may make a further application in accordance with this section.