19PSeized substances may be destroyed or disposed of

19P Seized substances may be destroyed or disposed of (1) If a police officer of or above the rank of Commander thinks that a substance seized under this Act, other than a dangerous drug or a precursor, is: (a) dangerous to the health or safety of humans or property; or (b) toxic, flammable or corrosive, the officer may order the destruction or disposal of the substance by a police officer. (2) This section applies to and in relation to a substance whether or not a person has been or is to be charged with an offence in relation to the substance or a dangerous drug or precursor seized under this Act. (3) A 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 19PA; 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 19PA to have a sample or samples of the substance analysed or examined. (5) Subsections (3) and (4) do not apply if an analyst has issued a certificate in relation to the substance specifying that the substance may be too dangerous to the health or safety of persons to take or keep samples of it. Misuse of Drugs Act 1990 53 (6) Section 19PA and subsections (3) and (4) do not apply in relation to a substance or thing 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 substance or thing; and (b) if the substance was seized in circumstances that relate to a dangerous drug or a precursor – it is not intended to charge any person with an offence in relation to the dangerous drug or precursor. (7) A substance may be destroyed or disposed of under this section at the place at which it was seized or another place that a police officer who is of or above the rank of Commander thinks fit. (8) This Part does not apply to the destruction of part or all of a substance if the destruction occurs as part of the process of analysing or examining the substance. 19PA Entitlement to have substance analysed or examined (1) A person who is the owner of a seized substance that: (a) is to be destroyed under section 19P; and (b) has been analysed or examined by an analyst under this Act, is entitled to have a sample or samples that provide a true representation of the nature of the substance analysed or examined by a person if, after the analysis or examination referred to in paragraph (b), there is a sufficient quantity of the substance remaining to enable a sample or samples of the substance to be further analysed or examined. (2) A person to whom subsection (1) applies who is the owner of a seized substance may apply in the prescribed form to the Commissioner of Police for the release, into the custody of a person specified in the application, of a sample or samples of the substance. (3) A police officer of or above the rank of Commander may, on the application of a person under subsection (2), authorise the release, into the custody of a person specified in the application, of a sample or samples of the substance to which the application relates for the purpose of conducting an analysis or examination to determine the nature of the substance. Misuse of Drugs Act 1990 54 19PB Contaminated objects may be cleaned or disposed of (1) An instrument, device, equipment or other thing that is seized under this Act may be destroyed, disposed of, or dealt with in a way intended to make it harmless by a police officer if an analyst issues a certificate under subsection (2). (2) An analyst may issue a certificate specifying that the destruction, disposal or dealing referred to in subsection (1) is required because the instrument, device equipment or thing contains or is contaminated with a substance (which may include a dangerous drug or a precursor) that is: (a) dangerous to the health or safety of a person or property; or (b) toxic, flammable or corrosive. (3) A substance or thing may be destroyed, disposed of or dealt with under this section at the place at which it was seized or another place. (4) This section applies to and in relation to a substance or thing whether or not a person has been or is to be charged with an offence in relation to the substance or thing or a dangerous drug or precursor seized under this Act. (5) This Part does not apply to the destruction of part or all of a substance or thing if the destruction occurs as part of the process of analysing or examining the substance or thing.