10Forfeiture

10 Forfeiture

(1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if: (a) the court: (i) convicts a person of an offence against subsection 8(1) or (2) or 9(1) or (3) in respect of the thing or part; or (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3) or 9(4) of this Act in respect of the thing or part; and (b) the thing or part is the property of the person. (2) The person is entitled to be heard in relation to the forfeiture order. (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after: (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.