274Forfeiture if person charged with offence

274 Forfeiture if person charged with offence (1) This section applies if a person is charged with an offence against this Act. (2) No application may be made for forfeiture of a thing used in the commission of the offence unless the person is given prior notice of the application. (3) The notice under subsection (2) must be given in one of the following ways: (a) by including the notice in the statement of facts required for the charge under section 60AF of the Local Court (Criminal Procedure) Act 1928; (b) by written notice served on the person before the proceedings for the offence have ended.

Liquor Act 2019 149 (4) The notice under subsection (2) must include the following: (a) a description of the thing for which forfeiture will be sought; (b) a statement that summarises the effect of this section. (5) If the person is found guilty of the offence, any application for forfeiture must be made under section 99A of the Sentencing Act 1995. (6) If the person is not found guilty of the offence, any application for forfeiture must be made under this Division.