45Seizure and forfeiture of goods

45 Seizure and forfeiture of goods

S. 45(1) amended by No. 37/2014 s. 10(Sch. item 7.2(b)).

(1) If—

(a) goods apparently intended for a commercial purpose are marked with grand prix insignia; and

S. 45(1)(b) amended by No. 37/2014 s. 10(Sch. item 7.2(a)).

(b) a police officer suspects on reasonable grounds that the use of the grand prix insignia has not been authorised under section 44—

the police officer may seize those goods.

(2) If any goods have been seized under this section and—

(a) proceedings are not instituted for an offence against section 44 in relation to the goods within 3 months of their seizure; or

S. 45(2)(b) amended by No. 68/2009 s. 97(Sch. item 10).

(b) after proceedings have been instituted and completed, the accused is not convicted—

the person from whom they were seized is entitled to recover—

(c) the goods or, if they have been destroyed, compensation equal to the market value of the goods at the time of their seizure; and

(d) compensation for any loss suffered by reason of the seizure of the goods.

(3) An action for the payment of compensation under subsection (2) may be brought against the Corporation in any court of competent jurisdiction.

(4) The court by which a person is convicted of an offence against this Act may order that goods to which the offence relates be forfeited to the Crown.

(5) Any goods forfeited to the Crown shall be disposed of in such manner as the Minister may direct, and, if sold, the proceeds of the sale shall be paid into the Consolidated Fund.