DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 69RM Forfeiture, harvest and destruction of alkaloid poppies or poppy straw

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

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

        (a)     is satisfied on reasonable grounds that a licensed grower or a licensed processor has contravened this Part; and

        (b)     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 Secretary to carry out the harvest and destruction order; and

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

S. 69RN inserted by No. 13/2014 s. 4.