48Power of court to order forfeiture

48 Power of court to order forfeiture S. 48(1) amended by No. 25/2023 s. 7(Sch. 1 item 14.1). (1) A court that convicts a person of an offence against this Act or before which a person is charged with an offence against this Act of which he is found guilty or to which he pleads guilty and in respect of which a conviction is not recorded may order that— (a) the article by means of or in relation to which the offence was committed; or S. 48(1)(b) amended by No. 68/2009 s. 97(Sch. item 59.8). (b) subject to subsection (3), any similar article belonging to and found in the possession of the accused at the time of the commission of the offence— be forfeited to His Majesty. S. 48(2) amended by No. 25/2023 s. 7(Sch. 1 item 14.1). (2) A court, in addition to exercising the powers conferred upon it by subsection (1) may, upon the application of an authorized officer and such notice as the court determines being given to such persons as the court directs, order that— (a) any article seized under this Act by that authorized officer (being an article by means of or in relation to which any provision of this Act is being or has been contravened or not complied with); or (b) subject to subsection (3), any similar article found with an article so seized— be forfeited to His Majesty. (3) A court shall not order forfeiture of an article under this section if the court is satisfied with respect to that article that it is not one by means of or in relation to which any provision of this Act is being or has been contravened or not complied with. S. 48(4) amended by Nos 10262 s. 4, 98/1997 s. 16(a), substituted by No. 60/2012 s. 60, amended by No. 25/2023 s. 7(Sch. 1 item 14.2). (4) Every article forfeited to His Majesty under this section must be destroyed or otherwise disposed of in accordance with— S. 48(4)(a) amended by Nos 2/2017 s. 16(8)(a), 38/2020 s. 43, 44/2024 s. 18(a). (a) a direction of the Secretary DEECA, if the prosecutor of the offence referred to in subsection (1) is the Secretary DEECA or an authorized officer authorised by the Secretary DEECA under section 20(1); or (b) a direction of DFSV, if the prosecutor of the offence referred to in subsection (1) is an authorized officer within the meaning of paragraph (c) of the definition of ***authorized officer***; or (c) a direction of PrimeSafe, if the prosecutor of the offence referred to in subsection (1) is an authorized officer within the meaning of paragraph (d) of the definition of ***authorized officer***; or S. 48(4)(d) amended by Nos 2/2017 s. 16(8)(b), 44/2024 s. 18(b). (d) a direction of the Secretary DH in any other case. S. 49 (Heading) inserted by No. 68/2009 s. 97(Sch. item 59.9).