80HCourt may order forfeiture to the Crown

80H Court may order forfeiture to the Crown A court which finds a person guilty of an offence against section 80B or 80C may order that the cocaine kit to which the offence relates— Pt VAB (Heading and ss 80HA–80HH) inserted by No. 64/2010 s. 11. Part VAB—Ice pipes S. 80HA inserted by No. 64/2010 s. 11. 80HA Definition ***ice pipe*** means a device— (a) capable of being used or intended for use or designed for the introduction, or for introducing, into the body of a person the drug of dependence methylamphetamine, by means of smoking or inhaling of smoke or fumes resulting from the heating or burning of methylamphetamine in a crystalline form; or (b) that is intended to be used as a device referred to in paragraph (a) but that is not capable of being so used because it needs adjustment, modification or addition. S. 80HB inserted by No. 64/2010 s. 11. 80HB Offence to display an ice pipe in a retail outlet (1) A person must not display an ice pipe in a retail outlet. 1. In the case of a natural person 240 penalty units; In the case of a body corporate 600 penalty units. (2) In this section, ***retail outlet*** includes— S. 80HC inserted by No. 64/2010 s. 11. 80HC Offence to sell or supply an ice pipe A person must not sell or supply an ice pipe. 1. In the case of a natural person 240 penalty units; In the case of a body corporate 600 penalty units. S. 80HD inserted by No. 64/2010 s. 11, amended by No. 37/2014 s. 10(Sch. item 47.27). 80HD Seizure of ice pipes A police officer may seize an ice pipe if he or she has reasonable grounds for suspecting that the ice pipe is displayed or is for sale or supply in contravention of this Part. S. 80HE inserted by No. 64/2010 s. 11. 80HE Retention and return of seized ice pipes S. 80HE(1) amended by No. 37/2014 s. 10(Sch. item 47.27). (1) If a police officer seizes an ice pipe under this Part, the police officer must take reasonable steps to return the ice pipe to the person from whom it was seized or its lawful owner if the reason for its seizure no longer exists. S. 80HE(2) amended by No. 37/2014 s. 10(Sch. item 47.27). (2) If the ice pipe seized under this Part has not been returned to the person from whom it was seized or its lawful owner within 3 months after it was seized, a police officer must take reasonable steps to return it to that person or owner unless— (a) proceedings for the purpose for which the ice pipe was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or (b) the Magistrates' Court makes an order under section 80HF extending the period during which the ice pipe may be retained. S. 80HF inserted by No. 64/2010 s. 11. 80HF Magistrates' Court may extend 3 month period S. 80HF(1) amended by No. 37/2014 s. 10(Sch. item 47.27). (1) A police officer may apply to the Magistrates' Court— (a) within 3 months after an ice pipe is seized under this Part; or (b) if an extension has been granted under this section, before the end of the period of the extension— for an extension (not exceeding 3 months) of the period during which the ice pipe may be retained. (2) The Magistrates' Court may make an order under this section if the Court is satisfied that— (c) retention of the ice pipe is necessary for the purposes of an investigation into whether a contravention of this Part has occurred. (3) At least 7 days prior to the hearing of an application under this section, the applicant must give notice of the application to the person from whom the ice pipe was seized or its lawful owner described in the application. S. 80HG inserted by No. 64/2010 s. 11. 80HG Forfeiture and destruction of seized ice pipe S. 80HG(1) amended by No. 37/2014 s. 10(Sch. item 47.28). (1) Subject to section 80HF, any ice pipe that a police officer has seized and retained under this Part is forfeited to the Crown if the police officer— (2) Any ice pipe forfeited to the Crown under subsection (1) may be destroyed in any manner the Minister thinks fit. S. 80HH inserted by No. 64/2010 s. 11. 80HH Court may order forfeiture to the Crown A court which finds a person guilty of an offence against section 80HB or 80HC may order that the ice pipe to which the offence relates— Pt VB (Headings and ss 80I–80S) inserted by No. 55/2009 s. 8. Part VB—Precursor chemicals and apparatus S. 80I inserted by No. 55/2009 s. 8.