DRUGS OF DEPENDENCE ACT 1989 - SECT 193D Order for preservation of cannabis
DRUGS OF DEPENDENCE ACT 1989 - SECT 193D
Order for preservation of cannabis(1) A person may apply to the Magistrates Court for an order for the preservation of seized cannabis plants or seized cannabis product (the "seized cannabis") if the person—
(a) has been charged with an offence in relation to the seized cannabis; or
(b) believes, on reasonable grounds, that he or she is likely to be charged with an offence in relation to the seized cannabis.
(2) The applicant must give notice of the application to the director of public prosecutions and the government analyst.
(3) Without limiting how notice of the application may be given, the applicant may give notice by telephone or by providing a written copy.
(4) If the Magistrates Court considers that a temporary order should be made to prevent the imminent destruction of the seized cannabis, the court may make an order for the preservation of the seized cannabis for a stated period.
(5) The Magistrates Court may make an order under subsection (4) even if notice of the application has not been given to the director of public prosecutions or the government analyst.
(6) The Magistrates Court may make an order for the preservation of the seized cannabis, or a part or quantity of the seized cannabis.