Western Australian Current Acts

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MISUSE OF DRUGS ACT 1981 - SECT 8T

8T .         Powers to seize and dispose of thing suspected of being psychoactive substance

        (1)         In this section and section 8U

        destruction notice means a notice that complies with subsections (4) and (5).

        (2)         If there are reasonable grounds to suspect that any thing found or received during the exercise of the powers conferred by section 8S or by a search warrant is a psychoactive substance, a police officer may seize and detain the thing until it is dealt with under this section or section 8U.

        (3)         A police officer must give to a person from whom a thing is seized under subsection (2) a destruction notice if —

            (a)         the police officer is satisfied that no person will be tried with the commission of an offence in relation to the thing; or

            (b)         a person is tried with the commission of an offence in relation to the thing and the person is not convicted of that offence.

        (4)         A destruction notice must —

            (a)         be in writing in the prescribed form; and

            (b)         identify the thing to which it relates; and

            (c)         advise that the thing will be destroyed on or after a day specified in the notice unless, before that day, an application is made under section 8U(1) to have a sample of the thing analysed.

        (5)         The day referred to in subsection (4)(c) cannot be a day that is sooner than 21 days after the day the notice is given.

        (6)         Subject to section 8U, a police officer may destroy a thing seized under subsection (2) on or after the day specified in a destruction notice given in relation to the thing.

        [Section 8T inserted: No. 29 of 2015 s. 4.]



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