Queensland Consolidated Acts

DRUGS MISUSE ACT 1986 - SECT 32

32 Forfeiture of dangerous drugs

(1) If a court is satisfied beyond reasonable doubt that a thing, or any part of it, is any of the following, the court may, on application made to it, order that all or any part of the thing be forfeited to the State—

(a) a dangerous drug;

(b) a chemical used or intended to be used in or for manufacturing a dangerous drug;

(c) property contaminated by a chemical used in or for manufacturing a dangerous drug.

(2) The application may be made in the absence of any other party.

(3) If, in a proceeding against a person for a charge of an offence against a provision of part 2 , the person admits to a court either of the following in relation to a thing the charge alleges is or contains a dangerous drug, the court may order that the thing be forfeited to the State—

(a) the identity and quantity of the dangerous drug;

(b) the quantity, but not the identity of the thing alleged to be a dangerous drug.

(4) If the court makes an order on an application under subsection (1) or (3) , in relation to a thing that is or contains a dangerous drug, the court must, in its order, make a finding of fact as to—

(a) the identity of the dangerous drug; and

(b) the quantity of the thing ordered to be forfeited.

(5) However, the court may not make an order of fact as to the identity of a dangerous drug unless, under subsection (3) , the person charged admits the identity of the dangerous drug.

(6) Production in proceedings in respect of a charge against a person of having committed an offence defined in part 2 of an order made under subsection (1) or (3) is, unless the contrary is proved, conclusive evidence of the matters contained therein.

(7) Subsection (6) applies in relation to an order made under subsection (1) on or after the commencement of this subsection only if a representative sample of the thing forfeited is retained for analysis and, if required, production before a court in a proceeding for a charge of an offence to which the thing relates.

(8) If a court finds a person guilty of an offence against a provision of part 2 , whether or not a conviction is recorded for the offence, any of the following that is alleged to be involved in the offence is forfeited to the State—

(a) a dangerous drug for which an order was not made under subsection (1) or (3) ;

(b) a chemical used or intended to be used in or for manufacturing a dangerous drug;

(c) property contaminated by a chemical used in or for manufacturing a dangerous drug.

(9) Where a person charged with an offence defined in part 2 is not convicted of any offence on that charge the court before which the person was charged may order—

(a) that anything that is alleged to be a dangerous drug in respect of which an order was not made under subsection (1) ; or

(b) that the remainder of anything produced pursuant to subsection (1) ;

and in respect of which the offence was alleged to have been committed, be forfeited to the Crown and any such thing or remainder of such thing shall thereby be forfeited accordingly.