ACTIn ForceAct
Crimes Act 1900
367Procedure on forfeiture
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367 Procedure on forfeiture
(1) If, under a provision of this Act or the Criminal Code, a court may
order the forfeiture of an article, the court shall—
(a) if the court is of the view that it is desirable to make further
inquiries with respect to the article—order that notice of the
proposed forfeiture be given to the persons that the court directs;
or
(b) in any other case—order that the article be forfeited to the
Territory.
(2) After hearing such of the persons to whom notice under
subsection (1) was given as appear, the court shall—
(a) if it is satisfied that the article should be forfeited—order that
the article be forfeited to the Territory; or
(b) in any other case—order that the article be delivered to the
person that the court is satisfied is entitled to the article.
(3) If a prosecution is pending in relation to an article, the court shall not
make an order under subsection (2) in relation to the article until the
prosecution is determined.
(4) All articles forfeited under subsection (2) shall be dealt with as
directed by the Attorney-General, and pending his or her direction,
may be detained in the custody that the court directs.