DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 80ZB Retention and return of seized items
DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 80ZB
Retention and return of seized itemsS. 80ZB(1) amended by Nos 9/2014 s. 10(1), 37/2014 s. 10(Sch. item 47.33).
(1) If a police officer seizes a cannabis water pipe, bong component or bong kit under section 80ZA(1), the police officer must take reasonable steps to return the seized item to the person from whom it was seized or its lawful owner if the reason for its seizure no longer exists.
S. 80ZB(2) amended by Nos 9/2014 s. 10(1), 37/2014 s. 10(Sch. item 47.33).
(2) If a cannabis water pipe, bong component or bong kit seized under section 80ZA(1) has not been returned to the person from whom it was seized or its lawful owner within 3 months after it was seized, a police officer must take reasonable steps to return it to that person or owner unless—
(a) proceedings for the purpose for which the cannabis water pipe, bong component or bong kit 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 80ZC extending the period during which the cannabis water pipe, bong component or bong kit may be retained.
S. 80ZB(3) inserted by No. 9/2014 s. 10(2), amended by No. 37/2014 s. 10(Sch. item 47.34).
(3) If a police officer seizes a cannabis water pipe, bong component or bong kit under section 80ZA(2), a police officer must take reasonable steps to return the seized item to the person on whom the infringement notice is served if—
S. 80ZB(3)(a) amended by No. 37/2014 s. 10(Sch. item 47.34).
(a) a police officer withdraws the infringement notice without—
(i) referring the matter for which the infringement notice has been served to the Magistrates' Court under section 17(1) of the Infringements Act 2006 ; or
(ii) filing a charge-sheet and summons in the Children's Court for the matter of the infringement offence to be dealt with; or
(iii) serving, on that person, an official warning (within the meaning of the Infringements Act 2006 ) in place of the infringement notice; or
S. 80ZB(3)(b) substituted by No. 47/2014 s. 260.
(b) the enforcement agency under the Infringements Act 2006 grants an application under section 25(2A)(a) of that Act; or
(c) the Children's Court cancels the infringement notice under clause 16 of Schedule 3 to the Children, Youth and Families Act 2005 ; or
(d) the matter of the infringement notice is heard and determined in the Magistrates' Court or the Children's Court without an order under section 80ZE being made.
S. 80ZC inserted by No. 51/2011 s. 4.