Australian Capital Territory Numbered Acts

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DRUGS OF DEPENDENCE (AMENDMENT) ACT 1993 (NO. 7 OF 1993) - SECT 6

Insertion

6. After section 193 of the Principal Act, the following heading and sections are inserted:

“ Division 4—Disposal of seized substances, compensation and recovery

“193A. In this Division—

‘seized cannabis' means that quantity of a substance in relation to which section 193B applies which is identified as cannabis by the relevant analyst;
‘seized substance' means a substance seized under Division 3;
‘traffickable quantity', in relation to a seized substance, means a traffickable quantity of that substance within the meaning of Part X.

“193B. Where, after weighing and identifying a seized substance, an analyst believes that—

        (a)     the substance is, or contains, a drug of dependence or prohibited substance; and

        (b)     the quantity of the substance identified as a drug of dependence or prohibited substance is greater than the traffickable quantity;

he or she shall, within 24 hours of identifying the substance, notify the Director of Public Prosecutions accordingly.

“193C. (1) Before any person is charged with an offence in relation to seized cannabis, the Government Analyst shall cause a disposable quantity of the cannabis to be disposed of if—

        (a)     a certificate under section 192 has been prepared in relation to the cannabis; and

        (b)     he or she believes on reasonable grounds that that quantity of the cannabis cannot be securely stored until the earliest time at which he or she would reasonably expect a person to be charged with such an offence.

“(2) In this section—

‘disposable quantity', in relation to seized cannabis, means a quantity of the cannabis no greater than that by which the total quantity of the cannabis exceeds the traffickable quantity.

“193D. (1) This section applies where, at the time a person is charged before a Magistrate with any offence in relation to seized cannabis, there is remaining a quantity of the cannabis greater than the traffickable quantity.

“(2) At the time that a person is charged before a Magistrate with any offence in relation to seized cannabis, the Director of Public Prosecutions shall apply to the Magistrate in accordance with section 194A for an order for the retention of a quantity of the cannabis no less than the traffickable quantity.

“(3) On application under subsection (2), the Magistrate shall, subject to subsection (4), order the Government Analyst to—

        (a)     cause to be retained a quantity of the seized cannabis no less than that applied for; and

        (b)     if all the cannabis is not to be retained—cause to be disposed of the balance of the seized cannabis.

“(4) A Magistrate shall, under subsection (3), order the disposal of all the seized cannabis in excess of the quantity applied to be retained by the Director of Public Prosecutions—

        (a)     where the accused is legally represented and no party objects to that disposal; or

        (b)     in any other case—unless he or she is satisfied, in consideration of matters including those referred to in subsection (5), that a greater quantity than that applied for should be retained.

“(5) In the circumstances referred to in paragraph (4) (b), the Magistrate shall have regard to matters including the following:

        (a)     the matters referred to in the relevant certificate under section 192;

        (b)     the likely period of retention of the cannabis;

        (c)     facilities for the secure retention of the cannabis during that period;

        (d)     the number of persons charged with offences in relation to the cannabis;

        (e)     the likelihood of the arrest of any further persons for the commission of any offences in relation to the cannabis;

        (f)     the likely time at which the hearing will take place of any charges in relation to the cannabis;

        (g)     the interests of justice.

“(6) The Government Analyst shall comply with an order of the Magistrate under subsection (3).

“193E. (1) Where a Magistrate makes an order under paragraph 193D (3) (a) for the retention of an excess quantity of seized cannabis, the Government Analyst may apply to a Magistrate in accordance with section 194A for an order for the disposal of part or all of that excess.

“(2) On application under subsection (1), a Magistrate may order the disposal of a quantity of seized cannabis no greater than the excess quantity.

“(3) A Magistrate shall, under subsection (2), order the disposal of all of the excess quantity of cannabis—

        (a)     where the accused is legally represented and no party objects to that disposal; or

        (b)     in any other case—unless he or she is satisfied, in consideration of matters including those referred to in subsection (4), that a part or all of the excess quantity should be retained.

“(4) In the circumstances referred to in paragraph (3) (b), the Magistrate shall have regard to matters including the following:

        (a)     the matters referred to in the relevant certificate under section 192;

        (b)     the likely period of retention of the cannabis;

        (c)     facilities for the secure retention of the cannabis during that period;

        (d)     the number of persons charged with offences in relation to the cannabis;

        (e)     the likelihood of the arrest of any further persons for the commission of any offences in relation to the cannabis;

        (f)     the likely time at which the hearing will take place of any charges in relation to the cannabis;

        (g)     the interests of justice.

“(5) The Government Analyst shall comply with an order of the Magistrate under subsection (2).

“(6) In this section—

‘excess quantity' means a quantity of seized cannabis in excess of that applied to be retained by the Director of Public Prosecutions under subsection 193D (2).”.


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