Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) In this
regulation —
chosen analyst means the analyst chosen by the
relevant applicant under section 27A of the Act;
chosen botanist means the botanist chosen by the
relevant applicant under section 27A of the Act;
drug movement bag means a special bag used by
police officers for the conveyance, free of contamination, of dangerous
substances, prohibited drugs or prohibited plants;
investigating officer means the police officer in
charge of any investigation concerning a thing, sufficient samples of which
are dealt with under this regulation;
prescribed person means the prescribed person
referred to in subregulation (2)(a);
sufficient samples has the meaning given by
section 27(6) of the Act.
(2) For the purposes
of section 27A(2) of the Act —
(a) a
person who is the police officer for the time being in charge of the Organised
Crime Squad is a prescribed person; and
(b) the
prescribed period is 28 days; and
(c) an
application must be accompanied by a fee of $50.
(3) For the purposes
of section 27A(3) of the Act, an application must be in the form of Form
M.D. 8B.
(4) When an
application is made under section 27A of the Act, the Commissioner or
prescribed person receiving the application must, as soon as practicable,
cause sufficient samples of the thing to which the application relates to be
conveyed in a numbered and sealed drug movement bag, together with an unused
drug movement bag —
(a) in
the case of a prohibited drug or dangerous substance, to an approved analyst
at the Chemistry Centre (W.A.); or
(b) in
the case of a prohibited plant, to an approved botanist at the Western
Australian Herbarium.
(5) The investigating
officer in respect of the samples conveyed to the approved analyst or approved
botanist under subregulation (4), or a police officer authorised by that
investigating officer, must immediately on that conveyance arrange
with —
(a) the
chosen analyst and the approved analyst, for the chosen analyst to attend at
the Chemistry Centre (W.A.) for the purpose of analysing those samples; or
(b) the
chosen botanist and the approved botanist, for the chosen botanist to attend
at the Western Australian Herbarium for the purpose of examining those
samples.
(6) The approved
analyst or approved botanist to whom the drug movement bag has been conveyed
under subregulation (4) must, in the presence of the chosen analyst or
chosen botanist —
(a) open
the drug movement bag; and
(b) give
the samples to the chosen analyst or chosen botanist, who must immediately
proceed to analyse or examine them.
(7) When the chosen
analyst or chosen botanist has completed his or her analysis or examination,
he or she must return any residue of the samples to the approved analyst or
approved botanist, who must —
(a)
place that residue, together with the opened drug movement bag, in the unused
drug movement bag; and
(b) seal
that unused drug movement bag; and
(c) give
the sealed drug movement bag to the investigating officer or to a police
officer authorised by the investigating officer.
(8) The police officer
to whom a sealed drug movement bag is given under subregulation (7)
must —
(a)
convey it to —
(i)
a police officer; or
(ii)
a departmental officer (as defined in regulation 4A)
who is an authorised person under that regulation;
and
(b)
obtain a receipt for it.
[Regulation 7B inserted in Gazette
12 Nov 2010 p. 5661‑3.]
[ 8. Deleted in Gazette 6 May 2011 p. 1620.]
[ 9. Deleted in Gazette 30 Mar 2010
p. 1267.]