Victorian Consolidated Legislation

Drugs, Poisons and Controlled Substances Act 1981 - SECT 43

Duties of officers in relation to seized substances

43. Duties of officers in relation to seized substances



(1) Where any poison or controlled substance or other substance or document is
seized by an authorized officer pursuant to this Part, the authorized officer
shall forthwith-

   (a)  give notice of the seizure in the prescribed form to the person
        apparently in charge thereof; or

   (b)  if there is no person apparently in charge thereof, give notice of the
        seizure to any person appearing to be the consignor or owner thereof
        by any name and address attached thereto or to any package containing
        the poison or controlled substance or the other substance or document
        if the address is a place in Victoria and otherwise to the importer or
        consignee or his agent.

(2) Any person claiming any poison or controlled substance or other substance
or document seized under this part may within 96 hours after the seizure
complain of the seizure by giving notice verified by statutory declaration of
the complaint in the prescribed form to the registrar at the proper venue of
the Magistrates' Court and a copy of the notice and the statutory declaration
to the authorized officer responsible for the seizure.

(3) The complaint shall be determined by the Magistrates' Court which (after
hearing the evidence) may either confirm or disallow the seizure wholly or in
part and make an order accordingly.

(4) If no complaint is made or if the seizure is confirmed each poison or
controlled substance or other substance or document shall thereupon become the
property of the Crown and may be destroyed or disposed of as the Minister
directs.