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 > [*\[Section 43M Inserted by No. 32 of 2025, s. 8, Applied:23 Dec 2025\]*](/view/html/inforce/2025-12-23/act-2025-032#GS8@EN) > > > (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)](#GS43M@Gs2@EN) ; and > > > > > > > (b) issue a direction in relation to the material in accordance with [subsection (3)](#GS43M@Gs3@EN) . > > > (2)  Before action is taken under [subsection (3)](#GS43M@Gs3@EN) , 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)](#GS43M@Gs2@Hpa@EN) 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)](#GS43M@Gs3@EN) 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 [subsection (3)](#GS43M@Gs3@EN) in relation to evidentiary material, the officer must, as soon as is reasonably practicable after taking that action, prepare a written record detailing – > > > > > > (a) the action that was taken; and > > > > > > > (b) the time at which and date on which the action was taken; and > > > > > > > (c) the grounds on which the officer was satisfied that it was impracticable or unsafe to hold, or continue holding, the evidentiary material.