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]

(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) , 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.