DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 39Q
Use of substances in controlled operations and integrity testing programs
DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 39Q
Use of substances in controlled operations and integrity testing programs
39Q Use of substances in controlled operations and integrity testing programs
(1) The Commissioner of Police may, by order in writing, direct that any
substance to which this Part applies that has been seized by a police officer
be retained by a police officer specified in the direction for the purpose of
its being used in connection with--
(b) an integrity testing
program under Part 10A of the Police Act 1990 .
(2) A direction under this
section may be given in relation to a substance--
(a) whether it is intended
for immediate use or for use at some later time, and
(b) whether it is
intended for use by the police officer specified in the direction or for use
by some other person.
(3) A direction under this section is subject to the
following conditions--
(a) that the substance to which the direction relates
is to be kept securely until it is used in connection with a controlled
operation or integrity testing program,
(b) any other condition that the
Commissioner of Police considers appropriate.
(4) A direction under this
section need not identify a particular controlled operation or integrity
testing program and a particular controlled operation or integrity testing
program need not be in contemplation before a direction under this section may
be made.
(5) Despite any other Act or law to the contrary, the functions of
the Commissioner of Police under this section may not be delegated except to--
(a) a Deputy Commissioner of Police, or
(b) a person who is appointed to a
NSW Police Force Senior Executive Service position and to whom the function
under section 6 (1) of the Law Enforcement (Controlled Operations) Act 1997
of authorising the conduct of a controlled operation has been delegated in
accordance with that Act.
