38BAuthorisation of possession and supply of controlled substances for certain purposes

### 38B Authorisation of possession and supply of controlled substances for certain purposes > [*\[Section 38B of Part 4 Inserted by No. 7 of 2016, s. 4, Applied:20 May 2016\]*](/view/html/inforce/2016-05-20/act-2016-007#GS4@EN) > > > (1)  The Commissioner of Police may authorise – > > > > > > (a) a police officer; or > > > > > > > (b) an employee; or > > > > > > > (c) a correctional officer – > > > > (an ***authorised person***) to possess and supply controlled substances for the purposes, for which the authorisation may be issued, that are specified in the authorisation, and to carry out any ancillary actions. > > > (2)  The purposes for which an authorisation may be issued are – > > > > > > (a) for the training, and use, by police officers or correctional officers, of dogs used, or to be used, in the detection of controlled substances; and > > > > > > > (b) for the transport and delivery of samples of controlled substances to – > > > > > > > > > > (i) other police officers or correctional officers; or > > > > > > > > > > > (ii) other persons who are police officers for the purposes of an Act of another State, a Territory or the Commonwealth. > > > (3)  An authorisation must be in writing and signed by the Commissioner of Police. > > > (4)  An authorisation must specify the following: > > > > > > (a) the name of the authorised person to whom the authorisation relates; > > > > > > > (b) the purposes for which the authorised person has been issued the authorisation; > > > > > > > (c) the conditions, if any, on which the authorisation has been issued; > > > > > > > (d) the period, of not more than one year, for which the authorisation remains in effect; > > > > > > > (e) the date on which the authorisation is signed by the Commissioner of Police. > > > (5)  The Commissioner of Police is only to issue to a person an authorisation that is to be in effect for a period that is as long as is reasonably necessary to enable the authorisation purposes to be fulfilled. > > > (6)  Despite any other Act or law of this jurisdiction, an authorised person who engages in conduct (whether in this jurisdiction or otherwise) that, but for this section, would constitute an offence is not criminally responsible in relation to the conduct if he or she engages in the conduct under and in accordance with an authorisation in relation to him or her that is in effect.