(1)  In this section –

evidentiary material means a controlled substance or hazardous chemical that –

(a) has been seized by or otherwise come into the possession of a police officer; and

(b) is or could be relevant to proceedings or prospective proceedings for an offence against this Act;

hazardous chemical means a chemical or other substance that –

(a) is used or capable of being used in connection with the manufacture of a controlled substance; and

(b) is, by reason of its combustibility, volatility, toxicity or some other quality, unsafe or potentially unsafe.

(2)  This section applies if the Commissioner of Police is satisfied on reasonable grounds that it is impracticable or unsafe to hold or continue holding any evidentiary material.

(3)  The Commissioner of Police may cause the evidentiary material to be –

(a) rendered safe or inert (if necessary by treating, repackaging or breaking up the material); or

(b) destroyed or otherwise disposed of.

(4)  However, before any action is taken under subsection (3) , the Commissioner of Police must –

(a) if the evidentiary material is or could be relevant to indictable proceedings or prospective indictable proceedings against this Act, consult the Director of Public Prosecutions; and

(b) ensure that –

(i) 2 or more samples are taken of the evidentiary material; and

(ii) each of those samples is a true representation of the nature of the evidentiary material.

(5)  The Commissioner must ensure that the samples so taken are kept securely for as long as they are reasonably likely to be required for evidentiary purposes.

(6)  The Minister may –

(a) issue the Commissioner of Police with written guidelines regarding the administration of this section; and

(b) amend or rescind any such guidelines.

(7)  The Commissioner of Police must comply with the Minister's guidelines.

(8)  The Minister's guidelines are not –

(a) statutory rules for the purposes of the Rules Publication Act 1953 ; or

(b) instruments of a legislative character for the purposes of the Subordinate Legislation Act 1992 .