Poisons Act 1971

In this section – corresponding law means a law of another Australian jurisdiction that is declared by the regulations to be a corresponding law for the purposes of this section; drug-related offence means an indictable offence under the Misuse of Drugs Act 2001, the Criminal Code Act 1924, this Act or a corresponding law.

If a person is found guilty by a court of a drug-related offence, the court may order the forfeiture to the Crown of any scheduled substances, or prohibited plants, that were, at the time of the commission of the offence, in the person’s possession or apparently under the person’s control.

If an inspector believes on reasonable grounds that a person who is the holder of a licence has contravened this Act or the licence, the inspector may detain or seize any scheduled substances, or prohibited plants, that are in the possession of the person.

If a licence is suspended or cancelled, any scheduled substances or prohibited plants in the possession of, or apparently under the control of, the person who was the licence holder are – in the case of suspension, forfeited to the Crown for the duration of the suspension; or in the case of cancellation, forfeited to the Crown.

Subject to subsection (6), any scheduled substances or prohibited plants that are forfeited to the Crown under subsection (4)(b) are to be destroyed in accordance with the directions of the Secretary.

The Secretary may, instead of directing the destruction of the scheduled substances or prohibited plants, authorise a person to take possession of the scheduled substances or prohibited plants, on behalf of the Crown or some other person, for a purpose specified by the Secretary.

If any scheduled substances or prohibited plants that were in the possession, or apparently under the control, of a person referred to in subsection (2), (3) or (4) are destroyed under this section, the person must pay to the Crown the reasonable costs of the destruction.