PART 4Seizure and forfeiture of drug-cutting agents
Seizure
I155Seizure of substances under search and seizure warrant
A police or customs officer searching premises under a search and seizure warrant may seize any substance on the premises that the officer has reasonable grounds to suspect is intended for use as a drug-cutting agent.
I256Seizure of substances without search and seizure warrant
If a police or customs officer—
a
is lawfully on premises that are not subject to a search and seizure warrant, and
b
finds a substance there that the officer has reasonable grounds to suspect is intended for use as a drug-cutting agent,
the officer may seize the substance.
I357Notice to be given where substances seized
1
An officer who has seized a substance under section 55 or 56 must make reasonable efforts to give written notice—
a
to the person from whom the substance was seized, and
b
if the officer thinks that the substance may belong to a different person, to that person.
2
A notice under subsection (1) must explain the effect of sections 59, 60, 61 and 63.
I458Containers
1
An officer who seizes a substance under section 55 or 56 may also seize any container holding the substance.
2
If a container is seized under this section, reasonable efforts must be made to return it to—
a
the person from whom it was seized, or
b
(if different) a person to whom it belongs.
3
Subsection (2) does not apply—
a
if the container appears to be of negligible value,
b
if it is not practicable for the container to be returned, or
c
while the container is or may be needed for use as evidence at a trial for an offence.