Peace and Good Behaviour Act 1982
sec.71Forfeiture of removed fortification
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sec.71 Forfeiture of removed fortification
The commissioner may forfeit the removed fortification to the State. On the forfeiture, the removed fortification— 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 removed fortification. Subsections (5) and (6) apply if the commissioner proposes to sell the removed fortification. 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— taking the enforcement action; and storing the removed fortification; and doing anything necessary to prepare the fortification for sale; third, to the consolidated fund. An amount applied under subsection (6) (c) is a net proceed from the removed fortification. s 71 ins 2016 No. 62 s 267 (sec.71-ssec.1) The commissioner may forfeit the removed fortification to the State. (sec.71-ssec.2) On the forfeiture, the removed fortification— 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.71-ssec.3) Without limiting subsection (2) , the commissioner may destroy or dispose of the removed fortification. (sec.71-ssec.4) Subsections (5) and (6) apply if the commissioner proposes to sell the removed fortification. (sec.71-ssec.5) The sale must be by auction. (sec.71-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— taking the enforcement action; and storing the removed fortification; and doing anything necessary to prepare the fortification for sale; third, to the consolidated fund. (sec.71-ssec.7) An amount applied under subsection (6) (c) is a net proceed from the removed fortification.
- (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) taking the enforcement action; and (ii) storing the removed fortification; and (iii) doing anything necessary to prepare the fortification for sale;
- (i) taking the enforcement action; and
- (ii) storing the removed fortification; and
- (iii) doing anything necessary to prepare the fortification for sale;