71Forfeiture

71 Forfeiture

(1) If a person supplies, or attempts to supply, goods in contravention of this Act, the goods, and any thing in which they are contained, are forfeited to the Commonwealth. (2) If a person supplies, or attempts to supply, DSGL technology, or technology relating to goods, in contravention of this Act, the technology, and any thing that contains the technology and is used or involved in the contravention or attempted contravention, are forfeited to the Commonwealth. Seizure (3) Each of the following persons may, without warrant, seize any goods, technology or thing that is forfeited, or that the person has reasonable grounds to believe is forfeited, to the Commonwealth under subsection (1) or (2) and take the goods, technology or thing before a court of summary jurisdiction: (a) a member of the Australian Defence Force; (b) a member or special member of the Australian Federal Police or a member of the police force of a State or Territory; (c) an officer of Customs (within the meaning of the Customs Act 1901). Role of court of summary jurisdiction (4) If goods, technology or a thing is taken before a court of summary jurisdiction under subsection (3): (a) the court must inquire into the matter; and (b) the court must: (i) if the court is satisfied that the goods, technology or thing is forfeited—order that the goods, technology or thing be condemned; or (ii) if the court is not so satisfied—order that the goods, technology or thing be delivered to whoever the court is satisfied is entitled to the goods, technology or thing. (5) Before inquiring into a matter in accordance with subsection (4), a court of summary jurisdiction may require notice of the inquiry to be given to anyone that the court thinks appropriate. Pending prosecutions (6) If a prosecution is pending for an offence against this Act connected with the goods, technology or thing, an order for the condemnation, or for the delivery to a person, of the goods, technology or thing must not be made until the prosecution is determined. Storage of things (7) Goods, technology or a thing seized under subsection (3) must be stored in accordance with the procedures prescribed by the regulations. This must be done until an order is made under subsection (4). Destruction etc. of things (8) Goods, technology or a thing condemned must be destroyed or otherwise dealt with in accordance with the procedures prescribed by the regulations. This must be done as soon as practicable after it is determined that the goods, technology or thing is condemned. (9) Until the condemned goods, technology or thing is so destroyed or otherwise dealt with, the condemned goods, technology or thing must be stored in accordance with the procedures prescribed by the regulations.