38Forfeiture

#### 38 Forfeiture (1) Where a court: (a) orders a person to pay a pecuniary penalty under section 34 in respect of a contravention by the person of a civil penalty provision; (b) convicts a person of an offence against this Act; or (c) makes an order under section 19B of the Crimes Act 1914 in relation to an offence against this Act; the court may order the forfeiture to the Commonwealth of any article used or otherwise involved in the contravention or in the commission of the offence. (2) The Minister may, by instrument in writing, direct that an article forfeited under this section be sold or otherwise disposed of upon such conditions (if any) as are specified in the instrument of direction and, pending his or her direction, the article shall be kept in such custody as he or she directs.