47BCourt orders for forfeiture and disposal of HCDG, explosives or containers before conviction

47B Court orders for forfeiture and disposal of HCDG, explosives or containers before conviction (1) The Magistrates' Court may make an order or orders and findings under this section if— (a) an application is made in that behalf by the Authority, an inspector or a person authorised by the Authority; and (b) it is proved that— (i) a substance or article is or contains high consequence dangerous goods or explosives; or (ii) a container is or has been used or is capable of being used for or in connexion with the import, export, manufacture, storage, sale, supply, use, handling, transfer, transport or disposal of high consequence dangerous goods or explosives; and (c) the Court is satisfied that— (i) unless the goods are forfeited to the Authority and either destroyed or disposed of, there is a reasonable likelihood that— (A) a contravention of this Act will occur; or (B) the goods will be used in connexion with an offence against this or any other Act; or (ii) it is in the interests of public safety that the goods are forfeited to the Authority and either destroyed or disposed of. (2) The Court may, upon the notice being given to those persons that the Court directs, order that the container or the whole or any part or parts of the high consequence dangerous goods or explosives are forfeited to the Authority and either destroyed or disposed of in the manner that is provided in the order. (3) The Court may also make a finding of fact as to— (a) the quantity of the high consequence dangerous goods or explosives produced to, or inspected by, the court, the quantity ordered to be destroyed or disposed of, the quantity remaining, and the fact that what remains is part of what was produced to, or inspected by, the court; or (b) the nature of any high consequence dangerous goods or explosives produced to, or inspected by, the Court; or (c) the nature of any container produced to, or inspected by, the Court. (4) The Court may also order that the quantity remaining of the high consequence dangerous goods or explosives be forfeited to the Authority and either destroyed or disposed of in the manner that is provided in the order when no longer required for the purpose of any subsequent proceedings. (5) The Magistrates' Court has power to— (a) give any directions; or (b) authorise the Authority to give any appropriate directions— necessary to give effect to any order made by it under this section. (6) If a finding of fact is made under subsection (3), 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. (7) If an order is made under this section requiring the destruction or disposal of a container or the whole or any part of any of the high consequence dangerous goods or explosives, the order may be executed before the end of any appeal period applicable under section 47C if a sample of the thing to be destroyed or disposed of is taken and kept until the end of that appeal period and the determination of any appeal made within that period. S. 47C inserted by No. 67/2004 s. 12.