CONTROLLED SUBSTANCES ACT 1984 - SECT 30ZM

CONTROLLED SUBSTANCES ACT 1984 - SECT 30ZM

30ZM—Forfeiture, harvest and destruction of alkaloid poppies or poppy straw

        (1)         The Chief Executive may apply to the Magistrates Court for a harvest and destruction order if—

            (a)         a licence holder has contravened the Act; and

            (b)         the Chief Executive has cancelled the relevant licence.

        (2)         The Magistrates Court may make an order that the seized material of the licensed grower or the licensed processor, as the case requires, be forfeited to the Crown and be dealt with in accordance with a harvest and destruction order made under subsection (3) if satisfied that—

            (a)         the relevant seized material poses a risk to public health and safety; and

            (b)         in all the circumstances it is appropriate to make a harvest and destruction order in regards to the relevant seized material.

        (3)         The Magistrates Court may make any of the following harvest and destruction orders (as the case requires):

            (a)         an order that the relevant seized material be harvested;

            (b)         an order that the relevant seized material be destroyed;

            (c)         an order that the relevant seized material be harvested and destroyed.

        (4)         The Magistrates Court may—

            (a)         give any direction necessary to enable the Chief Executive to carry out the harvest and destruction order; and

            (b)         authorise the Chief Executive to give any appropriate direction to harvest or destroy the seized material (as the case requires) to which the order relates.