37ADisposal, &c., of evidence that cannot be practicably or safely held

### 37A Disposal, &c., of evidence that cannot be practicably or safely held > [*\[Section 37A Inserted by No. 77 of 2005, s. 12, Applied:15 Dec 2005\]*](/view/html/inforce/2005-12-15/act-2005-077#GS12@EN) > > > (1)  In this section – > > > > > ***evidentiary material*** means a controlled substance or hazardous chemical that – > > > > > > > > (a) has been seized by or otherwise come into the possession of a police officer; and > > > > > > > > > (b) is or could be relevant to proceedings or prospective proceedings for an offence against this Act; > > > > > ***hazardous chemical*** means a chemical or other substance that – > > > > > > > > (a) is used or capable of being used in connection with the manufacture of a controlled substance; and > > > > > > > > > (b) is, by reason of its combustibility, volatility, toxicity or some other quality, unsafe or potentially unsafe. > > > (2)  This section applies if the Commissioner of Police is satisfied on reasonable grounds that it is impracticable or unsafe to hold or continue holding any evidentiary material. > > > (3)  The Commissioner of Police may cause the evidentiary material to be – > > > > > > (a) rendered safe or inert (if necessary by treating, repackaging or breaking up the material); or > > > > > > > (b) destroyed or otherwise disposed of. > > > (4)  However, before any action is taken under [subsection (3)](#GS37A@Gs3@EN) , the Commissioner of Police must – > > > > > > (a) if the evidentiary material is or could be relevant to indictable proceedings or prospective indictable proceedings against this Act, consult the Director of Public Prosecutions; and > > > > > > > (b) ensure that – > > > > > > > > > > (i) 2 or more samples are taken of the evidentiary material; and > > > > > > > > > > > (ii) each of those samples is a true representation of the nature of the evidentiary material. > > > (5)  The Commissioner must ensure that the samples so taken are kept securely for as long as they are reasonably likely to be required for evidentiary purposes. > > > (6)  The Minister may – > > > > > > (a) issue the Commissioner of Police with written guidelines regarding the administration of this section; and > > > > > > > (b) amend or rescind any such guidelines. > > > (7)  The Commissioner of Police must comply with the Minister's guidelines. > > > (8)  The Minister's guidelines are not – > > > > > > (a) statutory rules for the purposes of the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) ; or > > > > > > > (b) instruments of a legislative character for the purposes of the [Subordinate Legislation Act 1992](/view/html/inforce/2026-04-12/act-1992-030) .