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.