Peace and Good Behaviour Act 1982
sec.53Forfeiture of prohibited item
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sec.53 Forfeiture of prohibited item
The commissioner may forfeit the prohibited item to the State. On the forfeiture, the prohibited item— becomes the property of the State; and may, subject to any direction given under the Police Service Administration Act 1990 , section 4 .6, be dealt with by the commissioner as the commissioner considers appropriate. Without limiting subsection (2) , the commissioner may destroy or dispose of the prohibited item. Subsections (5) and (6) apply if the commissioner proposes to sell the prohibited item. The sale must be by auction. The proceeds of the sale must be applied in the following order— first, in meeting the expenses of the sale; second, in meeting any reasonable costs incurred in— seizing the prohibited item; and storing the prohibited item; and doing anything necessary to prepare the prohibited item for sale; third, to the consolidated fund. s 53 ins 2016 No. 62 s 267 (sec.53-ssec.1) The commissioner may forfeit the prohibited item to the State. (sec.53-ssec.2) On the forfeiture, the prohibited item— becomes the property of the State; and may, subject to any direction given under the Police Service Administration Act 1990 , section 4 .6, be dealt with by the commissioner as the commissioner considers appropriate. (sec.53-ssec.3) Without limiting subsection (2) , the commissioner may destroy or dispose of the prohibited item. (sec.53-ssec.4) Subsections (5) and (6) apply if the commissioner proposes to sell the prohibited item. (sec.53-ssec.5) The sale must be by auction. (sec.53-ssec.6) The proceeds of the sale must be applied in the following order— first, in meeting the expenses of the sale; second, in meeting any reasonable costs incurred in— seizing the prohibited item; and storing the prohibited item; and doing anything necessary to prepare the prohibited item for sale; third, to the consolidated fund.
- (a) becomes the property of the State; and
- (b) may, subject to any direction given under the Police Service Administration Act 1990 , section 4 .6, be dealt with by the commissioner as the commissioner considers appropriate.
- (a) first, in meeting the expenses of the sale;
- (b) second, in meeting any reasonable costs incurred in— (i) seizing the prohibited item; and (ii) storing the prohibited item; and (iii) doing anything necessary to prepare the prohibited item for sale;
- (i) seizing the prohibited item; and
- (ii) storing the prohibited item; and
- (iii) doing anything necessary to prepare the prohibited item for sale;
- (c) third, to the consolidated fund.
- (i) seizing the prohibited item; and
- (ii) storing the prohibited item; and
- (iii) doing anything necessary to prepare the prohibited item for sale;