Document ID: chunk:federal_register_of_legislation:C2016A00012:clause:1_15
Version: federal_register_of_legislation:C2016A00012
Segment Type: clause
Provision Reference: sch 1 cl 15
Character Range: 129888–132091

15  Directions with respect to destruction, etc.
 (1) The Secretary may, by notice in writing given to a person who is licence holder, or who has been a licence holder, require the destruction of, or other dealings with, cannabis plants, cannabis, cannabis resin, drugs or narcotic preparations in the person's possession or control, if the Secretary is satisfied on reasonable grounds that:
 (a) the cannabis plants were cultivated or obtained, the cannabis or cannabis resin was produced or the drugs or narcotic preparations were manufactured in breach of the licence; or
 (b) the cannabis plants were cultivated or obtained, the cannabis or cannabis resin was produced or the drugs or narcotic preparations were manufactured in circumstances prescribed by the regulations; or
 (c) circumstances prescribed by the regulations for the purposes of this paragraph exist.
 (2) If the Secretary requires the destruction of, or other dealing with, cannabis plants, cannabis, cannabis resin, drugs or narcotic preparations the Secretary may:
 (a) direct the person to whom the notice was given under subsection (1), or a person in charge of the cannabis plants, cannabis, cannabis resin, drugs or narcotic preparations, to carry out the destruction or dealing; or
 (b) carry out the destruction or dealing; or
 (c) arrange for another person with appropriate qualifications or expertise to carry out the destruction or dealing.
 (3) If the Secretary:
 (a) directs the destruction of, or other dealing with, cannabis plants, cannabis, cannabis resin, drugs or narcotic preparations as mentioned in paragraph (2)(a); or
 (b) arranges for such destruction or dealing as mentioned in paragraph (2)(c);
the Secretary may supervise the destruction or dealing.
 (4) If the Commonwealth incurs costs because of a requirement under this section:
 (a) the person to whom the notice was given under subsection (1) is liable to pay to the Commonwealth an amount equal to the costs; and
 (b) the amount may be recovered by the Commonwealth as a debt due to the Commonwealth in a court of competent jurisdiction.
Note: For requirements for a notice of a decision to give a direction under this section, see section 15F.