New South Wales Consolidated Acts

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 39RA

39RA Use of prohibited plants and prohibited drugs in controlled operations and integrity testing programs

(1) The Commissioner of Police may, by order in writing, direct that any prohibited plant or prohibited drug 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:

(a) a controlled operation under the Law Enforcement (Controlled Operations) Act 1997 , or

(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 prohibited plant or prohibited drug:

(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 may be given subject to such conditions as the Commissioner of Police considers appropriate and is subject to a further condition to the effect that the prohibited plant or prohibited drug to which the direction relates is to be kept securely until it is used in connection with a controlled operation or integrity testing program.

(4) A direction under this section need not identify a particular controlled operation or integrity testing program, nor need a particular controlled operation or integrity testing program be in contemplation before such a direction 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 holding a NSW Police Force Senior Executive Service position 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.