NTIn ForceAct
Misuse of Drugs Act 1990
19EDetermination of Local Court with respect to destruction on
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19E Determination of Local Court with respect to destruction on
first mention of charge
(1) Where a person is charged with an offence with respect to a
dangerous drug involving an amount which is not less than the
minimum amount of the dangerous drug, the Local Court shall, on
the first occasion on which the charge is mentioned before the
Local Court, ascertain whether the dangerous drug has been
destroyed.
(2) The Local Court shall, where the dangerous drug has not been
destroyed, make a determination whether the dangerous drug
should be retained.
(3) Where the accused is legally represented and no party objects to
the destruction of the dangerous drug, the Local Court shall order
that the dangerous drug, if it is not otherwise required to be forfeited
to the Crown, be so forfeited and destroyed.
(4) Where the accused is not present before the Local Court, or is
present but is not legally represented, or if any party objects to the
destruction of the dangerous drug, the Local Court may order:
(a) the dangerous drug, if it is not otherwise required to be
forfeited to the Crown, be so forfeited and destroyed; or
(b) where the Local Court is satisfied that it is in the interests of
justice to do so or that there is other sufficient reason, that the
dangerous drug be retained.