DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 69RK Retention and return of seized alkaloid poppies or poppy straw

DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 69RK

    (1)     If an inspector seizes any seized material under section 69RH, subject to section 69RJ, the Secretary with any assistance necessary must—

        (a)     take reasonable steps to release or return the seized material to the licensed grower or the licensed processor from whom it was seized or its lawful owner if the reason for its detention or seizure no longer exists; or

        (b)     retain any seized material that is required for evidence in a legal proceeding in a place approved by the Secretary.

    (2)     If the seized material has not been returned to the licensed grower or the licensed processor from whom it was seized or its lawful owner within 3 months after it was seized, the Secretary must take reasonable steps to return it to that licensed grower or licensed processor or lawful owner (as the case requires) unless—

        (a)     proceedings for the purpose for which the seized material was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or

        (b)     the Magistrates' Court makes an order under section 69RL extending the period during which the seized material may be retained.

S. 69RL inserted by No. 13/2014 s. 4.