QLDIn ForceAct
Mining and Quarrying Safety and Health Act 1999
sec.238Forfeiture on conviction
Start here
Get a plain-English read of sec.238
Turn the raw legal text into a practical explanation grounded in Mining and Quarrying Safety and Health Act 1999.
### sec.238 Forfeiture on conviction
On conviction of a person for an offence against this Act, a Magistrates Court may order the forfeiture to the State of—
anything used to commit the offence; or
anything else the subject of the offence.
The court may make the order—
whether or not the thing has been seized; and
if the thing has been seized, whether or not the thing has been returned to its owner.
The court may make any order to enforce the forfeiture it considers appropriate.
This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.
s 238 amd 2024 No. 34 s 218
(sec.238-ssec.1) On conviction of a person for an offence against this Act, a Magistrates Court may order the forfeiture to the State of— anything used to commit the offence; or anything else the subject of the offence.
(sec.238-ssec.2) The court may make the order— whether or not the thing has been seized; and if the thing has been seized, whether or not the thing has been returned to its owner.
(sec.238-ssec.3) The court may make any order to enforce the forfeiture it considers appropriate.
(sec.238-ssec.4) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.
- (a) anything used to commit the offence; or
- (b) anything else the subject of the offence.
- (a) whether or not the thing has been seized; and
- (b) if the thing has been seized, whether or not the thing has been returned to its owner.