19BSuspected drug or precursor may be destroyed

19B Suspected drug or precursor may be destroyed (1) Subject to this Part, a police officer who is of or above the rank of Commander may order the destruction by a police officer of: (a) a dangerous drug, or a precursor, seized by a police officer; or (b) a substance seized by a police officer that the officer who orders the destruction believes on reasonable grounds to be a dangerous drug or precursor. (2) Subsection (1) applies whether or not a person has been or is to be charged with an offence in relation to the dangerous drug, precursor or substance. (3) Property that is a dangerous drug, precursor or substance may only be destroyed under subsection (1) if: (a) a sample, or samples, that provide a true representation of the nature of the property have been taken by or on behalf of a police officer; and (b) a sample, or samples, that provide a true representation of the nature of the property are kept for the purpose of enabling at least one person who is, or is to be, charged with an offence in relation to the property to have the samples analysed or examined under section 19C; and (c) a sample is kept by the Commissioner of Police or a police officer who is of or above the rank of Commander and is nominated by the Commissioner of Police. (4) A police officer must make all reasonable attempts to serve on each person who is, or is to be, charged with an offence in relation to the property written notice of his or her entitlement under section 19C to have a sample or samples of the property analysed or examined. (5) Section 19C and subsections (3) and (4) do not apply if an analyst has issued a certificate in relation to a dangerous drug, precursor or substance specifying that it may be too dangerous to the health or safety of persons to take or keep samples of it. Misuse of Drugs Act 1990 48 (6) Section 19C and subsections (3) and (4) do not apply in relation to a dangerous drug, precursor or substance if a police officer of or above the rank of Commander is satisfied on reasonable grounds that: (a) there is no lawful owner of the dangerous drug, precursor or substance; and (b) it is not intended to charge any person with an offence in respect of the dangerous drug, precursor or substance. (7) A dangerous drug, precursor or substance may be destroyed under subsection (1) at the place at which it was seized or at any other place that a police officer who is of or above the rank of Commander thinks fit. (8) The Commissioner of Police must ensure that a police officer retains control of the possession of the sample or samples of the property taken under subsection (3). (9) This Part does not apply to the destruction of part or all of property if the destruction occurs as part of the process of analysing or examining the property.