Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If there are
reasonable grounds to suspect that any thing found or received during the
exercise of the powers conferred by section 22 or 23 or by a search
warrant or under any other circumstances is a thing referred to in
section 23(1)(a), (b) or (c) a police officer or approved person, as the
case requires —
(a) in
the case of —
(i)
a thing that is a prohibited drug, prohibited plant or
dangerous substance; or
(ii)
a thing that is contaminated by a dangerous substance,
may seize and detain
the thing until it is dealt with under section 27; or
(b) in
the case of any other thing, may seize it.
(2A) If under
subsection (1)(b) a thing may be seized, the
Criminal Investigation Act 2006 Part 13, with any necessary changes,
applies to and in relation to the exercise of the power to seize the thing.
(2B) If under
subsection (1)(b) a thing is seized, the Criminal Investigation
Act 2006 Part 13 and the Criminal and Found Property Disposal
Act 2006 , with any necessary changes, apply to and in relation to it.
(2) A police officer
who —
(a)
whilst he is an authorised person and is acting as an undercover officer,
acquires a prohibited drug or prohibited plant for the purpose of detecting
the commission of an offence; or
(b)
acquires a prohibited drug or prohibited plant as a result of its delivery to
him by an authorised person who is not a police officer,
shall detain the
prohibited drug or prohibited plant until it is dealt with under
section 27.
(3) In
subsection (2) —
authorised person and undercover officer have the
respective meanings given by section 31.
[Section 26 amended by No. 50 of 1990
s. 7; No. 44 of 1995 s. 6; No. 44 of 2010 s. 6.]