80ZInfringement penalty

80Z Infringement penalty (1) The infringement penalty for an offence against section 80U(1), (2) or (3), 80V(1), (2) or (3) or 80W(1), (2) or (3) is— (a) in the case of a natural person, 12 penalty units; (b) in the case of a body corporate, 60 penalty units. (2) The infringement penalty for an offence against section 80X is— (a) in the case of a natural person, 2 penalty units; (b) in the case of a body corporate, 10 penalty units. S. 80ZA inserted by No. 51/2011 s. 4, amended by No. 9/2014 s. 9 (ILA s. 39B(1)). 80ZA Seizure of cannabis water pipes, bong components or bong kits S. 80ZA(1) amended by No. 37/2014 s. 10(Sch. item 47.31). (1) A police officer may seize a cannabis water pipe, bong component or bong kit if he or she has reasonable grounds for suspecting that the cannabis water pipe, bong component or bong kit is displayed or is for sale or is supplied in contravention of this Part. S. 80ZA(2) inserted by No. 9/2014 s. 9, amended by No. 37/2014 s. 10(Sch. item 47.32). (2) If a police officer serves an infringement notice on a person for an offence against section 80U(1), (2) or (3), 80V(1), (2) or (3) or 80W(1), (2) or (3), the police officer may seize from the person any cannabis water pipe, bong component or bong kit to which the offence relates. S. 80ZB inserted by No. 51/2011 s. 4. 80ZB Retention and return of seized items S. 80ZB(1) amended by Nos 9/2014 s. 10(1), 37/2014 s. 10(Sch. item 47.33). (1) If a police officer seizes a cannabis water pipe, bong component or bong kit under section 80ZA(1), the police officer must take reasonable steps to return the seized item to the person from whom it was seized or its lawful owner if the reason for its seizure no longer exists. S. 80ZB(2) amended by Nos 9/2014 s. 10(1), 37/2014 s. 10(Sch. item 47.33). (2) If a cannabis water pipe, bong component or bong kit seized under section 80ZA(1) 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 cannabis water pipe, bong component or bong kit 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 80ZC extending the period during which the cannabis water pipe, bong component or bong kit may be retained. S. 80ZB(3) inserted by No. 9/2014 s. 10(2), amended by No. 37/2014 s. 10(Sch. item 47.34). (3) If a police officer seizes a cannabis water pipe, bong component or bong kit under section 80ZA(2), a police officer must take reasonable steps to return the seized item to the person on whom the infringement notice is served if— S. 80ZB(3)(a) amended by No. 37/2014 s. 10(Sch. item 47.34). (a) a police officer withdraws the infringement notice without— (i) referring the matter for which the infringement notice has been served to the Magistrates' Court under section 17(1) of the **Infringements Act 2006**; or (ii) filing a charge-sheet and summons in the Children's Court for the matter of the infringement offence to be dealt with; or (iii) serving, on that person, an official warning (within the meaning of the **Infringements Act 2006**) in place of the infringement notice; or S. 80ZB(3)(b) substituted by No. 47/2014 s. 260. (b) the enforcement agency under the **Infringements Act 2006** grants an application under section 25(2A)(a) of that Act; or (c) the Children's Court cancels the infringement notice under clause 16 of Schedule 3 to the **Children, Youth and Families Act 2005**; or (d) the matter of the infringement notice is heard and determined in the Magistrates' Court or the Children's Court without an order under section 80ZE being made. S. 80ZC inserted by No. 51/2011 s. 4. 80ZC Magistrates' Court may extend 3 month period S. 80ZC(1) amended by Nos 9/2014 s. 11, 37/2014 s. 10(Sch. item 47.35). (1) A police officer may apply to the Magistrates' Court for an extension (not exceeding 3 months) of the period during which a cannabis water pipe, bong component or bong kit seized under section 80ZA(1) may be retained. (2) An application under subsection (1) must be made— (a) within 3 months after a cannabis water pipe, bong component or bong kit 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. (3) The Magistrates' Court may make an order under this section if the Court is satisfied that— (c) retention of the cannabis water pipe, bong component or bong kit is necessary for the purposes of an investigation into whether a contravention of this Part has occurred. (4) 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 cannabis water pipe, bong component or bong kit was seized or its lawful owner described in the application. S. 80ZD inserted by No. 51/2011 s. 4. 80ZD Forfeiture and destruction of seized items S. 80ZD(1) amended by Nos 9/2014 s. 12(1), 37/2014 s. 10(Sch. item 47.36). (1) Subject to section 80ZB, any cannabis water pipe, bong component or bong kit that a police officer has seized and retained under that section is forfeited to the Crown if the police officer— S. 80ZD(1A) inserted by No. 9/2014 s. 12(2), amended by No. 37/2014 s. 10(Sch. item 47.37). (1A) Despite anything to the contrary in Division 5 of Part 2 of the **Infringements Act 2006**, any cannabis water pipe, bong component or bong kit that a police officer has seized under section 80ZA(2) is forfeited to the Crown if the person on whom the infringement notice has been served expiates that offence by payment of the infringement penalty in accordance with that Act. S. 80ZD(2) amended by No. 9/2014 s. 12(3). (2) Any cannabis water pipe, bong component or bong kit forfeited to the Crown under subsection (1) or (1A) may be destroyed in any manner the Minister thinks fit. S. 80ZE inserted by No. 51/2011 s. 4. 80ZE Court may order forfeiture to the Crown A court which finds a person guilty of an offence against section 80U(1), (2) or (3), 80V(1), (2) or (3) or 80W(1), (2) or (3) may order that the cannabis water pipe, bong component or bong kit to which the offence relates— Pt 6 (Heading and ss 70–101) substituted as Pt 6 (Heading and ss 81–90) by No. 10002 s. 7(1). Part VI—Search seizure and forfeiture S. 80ZF inserted by No. 40/2017 s. 12. 80ZF Definitions ***commercial supply*** means supply in the course of carrying out a commercial activity; ***produce*** has the same meaning as it has in Part IIIA. S. 81 substituted by No. 10002 s. 7(1).