sec.84Cost recovery

### sec.84 Cost recovery The chief executive may recover the cost incurred by the chief executive under section 82 or 83 as a debt payable to the State by the former licensee. For subsection (1) , the chief executive may recover the costs from the proceeds of the sale of harvested material under section 82 or cannabis seed under section 83 . However, if the proceeds are more than the costs, the chief executive must pay any balance to the former licensee. Despite subsection (3) , if before the proceeds are paid, the chief executive becomes aware that the proceeds may be subject to an application for forfeiture of tainted property under the Criminal Proceeds Confiscation Act 2002 , the chief executive must not pay the proceeds to the former licensee unless no order for forfeiture is made under that Act. Also, if the chief executive becomes aware that the harvested material is subject to a security interest that has not been satisfied, the chief executive must pay any balance— first, in satisfaction of the security interest; and then, to the former licensee. In this section— security interest has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 12 . s 84 ins 2002 No. 35 s 7 amd 2002 No. 68 s 339 sch 4 ; 2010 No. 44 s 178 (sec.84-ssec.1) The chief executive may recover the cost incurred by the chief executive under section 82 or 83 as a debt payable to the State by the former licensee. (sec.84-ssec.2) For subsection (1) , the chief executive may recover the costs from the proceeds of the sale of harvested material under section 82 or cannabis seed under section 83 . (sec.84-ssec.3) However, if the proceeds are more than the costs, the chief executive must pay any balance to the former licensee. (sec.84-ssec.4) Despite subsection (3) , if before the proceeds are paid, the chief executive becomes aware that the proceeds may be subject to an application for forfeiture of tainted property under the Criminal Proceeds Confiscation Act 2002 , the chief executive must not pay the proceeds to the former licensee unless no order for forfeiture is made under that Act. (sec.84-ssec.5) Also, if the chief executive becomes aware that the harvested material is subject to a security interest that has not been satisfied, the chief executive must pay any balance— first, in satisfaction of the security interest; and then, to the former licensee. (sec.84-ssec.6) In this section— security interest has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 12 . - (a) first, in satisfaction of the security interest; and - (b) then, to the former licensee.