47AForfeiture and disposal of HCDG, explosives or containers before conviction

47A Forfeiture and disposal of HCDG, explosives or containers before conviction (1) Any high consequence dangerous goods or explosives or containers used for or in connexion with high consequence dangerous goods or explosives that are seized and detained by an inspector under Part II are forfeited to the Authority if the Authority— (a) cannot find the owner of the goods, explosives or containers after making reasonable enquiries; or (b) cannot return the goods, explosives or containers to their owner after making reasonable efforts. (2) Subsection (1)(a) does not require the Authority to make enquiries if it would be unreasonable to make enquiries and subsection (1)(b) does not require the Authority to make efforts if it would be unreasonable to make efforts. (3) If any high consequence dangerous goods, explosives or containers used for or in connexion with high consequence dangerous goods or explosives that are seized and detained by an inspector under Part II have not been forfeited, the Authority must return the goods, explosives or containers at the end of— (a) 12 months; or (b) if a proceeding involving an offence for the goods, explosives or containers is started within 12 months, the proceeding and any appeal from the proceeding. (4) Despite subsection (3), unless the goods, explosives or containers are forfeited, the Authority must immediately return any goods, explosives or containers taken as evidence to their owners if the Authority stops being satisfied that the continued detention of the goods, explosives or containers as evidence is necessary. (5) Subsection (4) does not apply if the owner of the goods, explosives or containers is not authorised to possess those goods, explosives or containers by a licence. S. 47B inserted by No. 67/2004 s. 12.