MISUSE OF DRUGS AMENDMENT ACT 2010 (NO. 44 OF 2010) - SECT 6
MISUSE OF DRUGS AMENDMENT ACT 2010 (NO. 44 OF 2010) - SECT 6
6 . Section 26 amended
(1) In section 26(1):
(a)
delete “requires, may seize that thing and —” and
insert:
requires —
(b)
delete paragraphs (a) and (b) and insert:
(a) in
the case of —
(i)
a thing that is a prohibited drug, prohibited plant or
dangerous substance; or
(ii)
a thing that is contaminated by a dangerous substance,
may seize and detain
the thing until it is dealt with under section 27; or
(b) in
the case of any other thing, may seize it.
(2) After section
26(1) insert:
(2A) If under
subsection (1)(b) a thing may be seized, the
Criminal Investigation Act 2006 Part 13, with any necessary changes,
applies to and in relation to the exercise of the power to seize the thing.
(2B) If under
subsection (1)(b) a thing is seized, the Criminal Investigation
Act 2006 Part 13 and the Criminal and Found Property Disposal
Act 2006 , with any necessary changes, apply to and in relation to it.