50TDisposal of illicit tobacco and illicit vaping goods seized by police

50T Disposal of illicit tobacco and illicit vaping goods seized by police

50T Disposal of illicit tobacco and illicit vaping goods seized by police

(1) The Commissioner of Police may dispose of illicit goods seized by a police officer under another law.

(2) The Commissioner of Police may keep a sample of the illicit goods until any proceedings relating to the illicit goods are finally determined.

(3) The Commissioner of Police must not dispose of the illicit goods unless—

(a) 28 days have passed after the goods were seized, and

(b) the Commissioner has complied with the requirements of the regulations.

(4) Before the illicit goods are disposed of, the Commissioner of Police must obtain a certificate in the form approved by the Commissioner setting out the following—

(a) the identity of the illicit good,

(b) the quantity of the illicit good,

(c) other matters prescribed by the regulations.

(5) In legal proceedings, the certificate is prima facie evidence of the matters stated in the certificate.

(6) A certificate under this section may be given by a person, or a member of a class of persons, prescribed by the regulations.

(7) The regulations may provide for procedures that must be followed when keeping a sample of illicit goods.

(8) In this section—

identity, of an illicit good, includes the following—

(a) whether the illicit good is—

(i) illicit tobacco, or

(ii) an illicit vaping good,

(b) the brand name of the illicit good,

(c) other matters that identify the illicit good.

s 50T: Ins 2025 No 51, Sch 1[20].