43MDisposal, &c., of evidentiary material that cannot be held practicably or safely

43M Disposal, &c., of evidentiary material that cannot be held practicably or safely

[Section 43M Inserted by No. 32 of 2025, s. 8, Applied:23 Dec 2025]

(1)  If a senior police officer is satisfied on reasonable grounds that it is impracticable or unsafe to hold, or continue holding, evidentiary material, the senior police officer must –

(a) take samples of the material in accordance with subsection (2) ; and

(b) issue a direction in relation to the material in accordance with subsection (3) .

(2)  Before action is taken under subsection (3) , a senior police officer, to whom this section applies, must –

(a) if the officer is satisfied that it is safe and practicable in the circumstances, ensure that 2 or more samples of the evidentiary material are taken and stored in a safe manner; and

(b) ensure that the samples of the evidentiary material that are taken and stored under paragraph (a) are a true representation of the nature of the material to which that sample relates.

(3)  A senior police officer, to whom this section applies, may direct that evidentiary material be –

(a) destroyed; or

(b) rendered safe or inert; or

(c) otherwise disposed of.

(4)  A direction under subsection (3) may be issued –

(a) orally or in writing; and

(b) to one or more of the following:

(i) a police bomb technician;

(ii) a class of police officer;

(iii) a suitably qualified person employed by the Department.

(5)  If a senior police officer, to whom this section applies, takes an action under in relation to evidentiary material, the officer must, as soon as is reasonably practicable after taking that action, prepare a written record detailing –