New South Wales Consolidated Acts

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 39PB

39PB Order for disposal of substances by certain senior police officers when no likely prosecution

(1) A police officer of or above the rank of Superintendent may order that a prohibited plant or prohibited drug, or a substance that the officer reasonably suspects is a prohibited plant or prohibited drug, seized by a member of the NSW Police Force be destroyed if:

(a) the amount of the prohibited plant or prohibited drug (or of the prohibited plant or prohibited drug that the officer reasonably suspects the substance to be) is less than the indictable quantity of the plant or the traffickable quantity of the drug, and

(b) no person has been charged with an offence with respect to the prohibited plant or prohibited drug or substance and the officer is of the opinion that no person is likely to be charged.

(2) Before any prohibited plant or prohibited drug or substance is destroyed in accordance with such an order:

(a) evidence of the substance or article is to be recorded, whether by photographing or otherwise, and

(b) if the police officer concerned determines that it is appropriate, two samples of the plant, the drug or substance are to be taken and retained, each of a sufficient quantity to allow its analysis.

(3) Subject to subsection (2), any prohibited plant or prohibited drug or substance (whether seized before or after the commencement of this section) may be destroyed in accordance with an order under this section.