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Legislative Assembly for the ACT: 1997 Week 11 Hansard (6 November) . . Page.. 3872 ..

The Bill proposes the removal from the Drugs of Dependence Act 1989 of the requirement that the person carrying out the functions of the Government Analyst be an analyst under the Act.

The functions of the Government Analyst under the provisions of Division 4 of the Act - "Disposal of seized substances, compensation and recovery", relate specifically to the destruction of excess quantities of drugs of dependence.

This is carried out either on the order of a Magistrate or the Government Analyst.

In the event that a large quantity of Cannabis were to be seized in the Territory during a period when there was no Government Analyst available then the whole plantation would have to be stored by the Government Analytical Laboratory pending successful application to a magistrate for the destruction of the excess quantity.

This could pose serious security, transportation, storage and occupational health and safety risks.

Administrative arrangements under the Act provide for the occupant of, or the person for the time being acting in, the position of Director of the Government Analytical Laboratory to perform the functions of the Government Analyst.

However the Act stipulates that to carry out these functions the person must first be an analyst under Section 183 of the Act.

This causes an administrative problem when the Director is absent as not all senior officers suitable to act as the Director are, or are qualified to be, analysts under Section 183.

The functions of the Government Analyst under Division 4 of the Act are, however, solely administrative and are dependant on the provision to the Government Analyst of a certificate of analysis by an appointed analyst.

It is therefore not necessary that the Government Analyst also be an analyst.

The Bill proposes the removal of the requirement under Section 183 of the Act that the Government Analyst be an analyst as defined under the Act.

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