80HCourt may order forfeiture to the Crown

80H Court may order forfeiture to the Crown

A court which finds a person guilty of an offence against section 80B or 80C may order that the cocaine kit to which the offence relates—

Pt VAB (Heading and ss 80HA–80HH) inserted by No. 64/2010 s. 11.

Part VAB—Ice pipes

S. 80HA inserted by No. 64/2010 s. 11.

80HA Definition

ice pipe means a device—

(a) capable of being used or intended for use or designed for the introduction, or for introducing, into the body of a person the drug of dependence methylamphetamine, by means of smoking or inhaling of smoke or fumes resulting from the heating or burning of methylamphetamine in a crystalline form; or

(b) that is intended to be used as a device referred to in paragraph (a) but that is not capable of being so used because it needs adjustment, modification or addition.

S. 80HB inserted by No. 64/2010 s. 11.

80HB Offence to display an ice pipe in a retail outlet

(1) A person must not display an ice pipe in a retail outlet.

1. In the case of a natural person 240 penalty units;

In the case of a body corporate 600 penalty units.

(2) In this section, retail outlet includes—

S. 80HC inserted by No. 64/2010 s. 11.

80HC Offence to sell or supply an ice pipe

A person must not sell or supply an ice pipe.

1. In the case of a natural person 240 penalty units;

In the case of a body corporate 600 penalty units.

S. 80HD inserted by No. 64/2010 s. 11, amended by No. 37/2014 s. 10(Sch. item 47.27).

80HD Seizure of ice pipes

A police officer may seize an ice pipe if he or she has reasonable grounds for suspecting that the ice pipe is displayed or is for sale or supply in contravention of this Part.

S. 80HE inserted by No. 64/2010 s. 11.

80HE Retention and return of seized ice pipes

S. 80HE(1) amended by No. 37/2014 s. 10(Sch. item 47.27).

(1) If a police officer seizes an ice pipe under this Part, the police officer must take reasonable steps to return the ice pipe to the person from whom it was seized or its lawful owner if the reason for its seizure no longer exists.

S. 80HE(2) amended by No. 37/2014 s. 10(Sch. item 47.27).

(2) If the ice pipe seized under this Part has not been returned to the person from whom it was seized or its lawful owner within 3 months after it was seized, a police officer must take reasonable steps to return it to that person or owner unless—