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Misuse of Drugs Act 1990
31Possession by police officer etc.
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31 Possession by police officer etc.
(1) Notwithstanding anything contained in this Act, the possession of a
dangerous drug or precursor by a police officer, or by a person
authorised by a police officer to have that dangerous drug or
precursor in the person's possession, is not an offence if that
dangerous drug or precursor:
(a) was seized or obtained in:
(i) the execution of the duties; or
(ii) the exercise of the powers,
of that officer or other person under this Act or any other law in
force in the Territory; or
(b) is in the officer's or person's possession pending the institution
and hearing of proceedings for an offence against this Act or
any other law in force in the Territory; or
(c) is in the officer's or person's possession for a purpose
associated with the administration of this Act.
(2) A dangerous drug or precursor is taken to be in the possession of a
police officer or person for a purpose associated with the
administration of this Act if it is held by the officer or person for
analysis for the purpose of proceedings for an offence against this
Act or of any other law in force in the Territory or of qualifying the
officer or person to give evidence in those proceedings.
(3) If proceedings for an offence against this Act have commenced, a
the officer who has obtained a dangerous drug or precursor or a
person who has obtained a dangerous drug or precursor under an
authority given under section 32 must not, by reason only of that
circumstance, be taken to be a party to an offence against this Act
or be guilty of an offence against this Act, nor may the evidence of
the officer or person be taken in the proceedings to be the evidence
of an accomplice.