Victorian Current Acts

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DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 80HF

Magistrates' Court may extend 3 month period


S. 80HF(1) amended by No. 37/2014 s. 10(Sch. item 47.27).

    (1)     A police officer may apply to the Magistrates' Court—

        (a)     within 3 months after an ice pipe is seized under this Part; or

        (b)     if an extension has been granted under this section, before the end of the period of the extension—

for an extension (not exceeding 3 months) of the period during which the ice pipe may be retained.

    (2)     The Magistrates' Court may make an order under this section if the Court is satisfied that—

        (a)     the making of the order is in the interests of justice; and

        (b)     the total period of retention does not exceed 12 months; and

        (c)     retention of the ice pipe is necessary for the purposes of an investigation into whether a contravention of this Part has occurred.

    (3)     At least 7 days prior to the hearing of an application under this section, the applicant must give notice of the application to the person from whom the ice pipe was seized or its lawful owner described in the application.

S. 80HG inserted by No. 64/2010 s. 11.



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