Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If, in the case of
a prohibited drug, prohibited plant or dangerous substance which is seized or
acquired and detained under section 26 —
(a) a
police officer is satisfied that no person will be tried with the commission
of an offence in relation thereto, and it has not been destroyed under
subsection (4), the police officer shall —
(i)
cause that prohibited drug, prohibited plant or dangerous
substance to be destroyed in accordance with the regulations; or
(ii)
if a person who is authorised by or under this Act, by or
under the Poisons Act 1964 or, in the case of a prohibited drug, on and
in accordance with an authorised prescription to have possession thereof is
entitled to have possession of that prohibited drug, prohibited plant or
dangerous substance, release that prohibited drug, prohibited plant or
dangerous substance to that person;
or
(b) a
person is tried with the commission of an offence in relation thereto and it
has not been destroyed under subsection (4), the court which so tries the
person shall, whether or not the person is convicted of that offence and after
having given any other person (in this paragraph called the claimant )
claiming to be authorised by or under this Act, by or under the
Poisons Act 1964 or, in the case of a prohibited drug, on and in
accordance with an authorised prescription to have possession thereof and to
be entitled to have possession of that prohibited drug, prohibited plant or
dangerous substance, an opportunity to show cause why that prohibited drug,
prohibited plant or dangerous substance should be released to him, order that
that prohibited drug, prohibited plant or dangerous
substance —
(i)
be released to the claimant;
(ii)
be destroyed; or
(iii)
be forfeited to the Crown.
(2) If, in relation to
any prohibited drug, prohibited plant or dangerous substance seized under
section 26, the Commissioner is satisfied that —
(a) it
is not reasonably practicable (for whatever reason) to detain the thing until
it is dealt with under subsection (1); and
(b)
sufficient samples of the thing have been taken,
the Commissioner may
direct that the thing (apart from the samples) be destroyed before it is dealt
with under that subsection.
(3) A direction shall
be in writing in the prescribed form.
(4) If the
Commissioner directs under subsection (2) that any thing be destroyed, a
police officer shall as soon as practicable cause the thing to be destroyed in
accordance with the regulations.
(5) The Commissioner
may in writing amend or revoke a direction before effect is given to it.
(6) In
subsection (2)(b) —
sufficient samples means —
(a) in
the case of a thing that has already been analysed or examined by an approved
analyst or an approved botanist, sufficient samples to enable any further
analysis or examination that might be required under section 27A; or
(b) in
any other case, sufficient samples to enable —
(i)
analysis or examination by an approved analyst or an
approved botanist; and
(ii)
any further analysis or examination that might be
required under section 27A.
[Section 27 amended by No. 44 of 1995
s. 8.]