(1A) The Magistrates' Court has power— S. 83(1A) inserted by (a) to give any directions; or No. 101/1986 s. 58(1)(d)(iv), (b) to authorise the Minister to give any amended by No. 57/1989 appropriate directions— s. 3(Sch. item 59.12). necessary to give effect to any order made by it under subsection (1). (2) Where a finding of fact is made under S. 83(2) amended by subsection (1), production in any subsequent No. 101/1986 proceedings of an order containing the finding of s. 58(1)(d)(v). fact shall be conclusive evidence of the matters to which the finding relates. S. 83(3) (3) In subsection (1) in relation to a drug cultivation, inserted by of dependence that is a narcotic plant, includes— No. 101/1986 s. 58(1)(d)(vi). (a) the sowing of a seed of a narcotic plant; and S. 83(3)(b) (b) the planting, growing, tending, nurturing or amended by harvesting of a narcotic plant; and No. 52/2006 s. 13(a). (c) the grafting, dividing or transplanting of a S. 83(3)(c) inserted by narcotic plant. No. 52/2006 s. 13(b). S. 83(4) (4) Without limiting the manner in which evidence inserted by may be given on an application under No. 101/1986 s. 58(1)(d)(vi), subsection (1), the Court may inspect any place, amended by process or thing. No. 57/1989 s. 3(Sch. item 59.13). (5) If an order is made under subsection (1) requiring S. 83(5) inserted by the destruction or disposal of an instrument or No. 48/1997 s. 44(6). device or the whole or any part of any substance, drug of dependence or poison or controlled substance, the order may be executed before the end of any appeal period applicable under section 90 if a sample of the thing to be destroyed or disposed of is taken in accordance with this Act
S. 83(1A) inserted by No. 101/1986 s. 58(1)(d)(iv), amended by No. 57/1989 s. 3(Sch. item 59.12). (1A) The Magistrates' Court has power— (a) to give any directions; or (b) to authorise the Minister to give any appropriate directions— necessary to give effect to any order made by it under subsection (1). S. 83(2) amended by No. 101/1986 s. 58(1)(d)(v). (2) Where a finding of fact is made under subsection (1), production in any subsequent proceedings of an order containing the finding of fact shall be conclusive evidence of the matters to which the finding relates. S. 83(3) inserted by No. 101/1986 s. 58(1)(d)(vi). (3) In subsection (1) cultivation, in relation to a drug of dependence that is a narcotic plant, includes— (a) the sowing of a seed of a narcotic plant; and S. 83(3)(b) amended by No. 52/2006 s. 13(a). (b) the planting, growing, tending, nurturing or harvesting of a narcotic plant; and S. 83(3)(c) inserted by No. 52/2006 s. 13(b). (c) the grafting, dividing or transplanting of a narcotic plant. S. 83(4) inserted by No. 101/1986 s. 58(1)(d)(vi), amended by No. 57/1989 s. 3(Sch. item 59.13). (4) Without limiting the manner in which evidence may be given on an application under subsection (1), the Court may inspect any place, process or thing. S. 83(5) inserted by No. 48/1997 s. 44(6). (5) If an order is made under subsection (1) requiring the destruction or disposal of an instrument or device or the whole or any part of any substance, drug of dependence or poison or controlled substance, the order may be executed before the end of any appeal period applicable under section 90 if a sample of the thing to be destroyed or disposed of is taken in accordance with this Act
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