45AForfeiture of regulated goods

#### 45A Forfeiture of regulated goods 45A Forfeiture of regulated goods > > (1) Regulated goods seized under this division are forfeited to the State if the Secretary makes a written order (a forfeiture order) under this section declaring the goods to be forfeited. > > > (2) A forfeiture order may be made— > > > > > (a) if the Secretary is satisfied— > > > > > > > (i) a person has been convicted of an offence in connection with the seized goods, or > > > > > > > (ii) the owner of the seized goods cannot be found despite inquiries being made that are reasonable in the circumstances, or > > > > > > > (iii) the seized goods cannot be returned to the owner for other reasons despite efforts being made that are reasonable in the circumstances, or > > > > > > > (iv) the return of the seized goods would pose an unacceptable risk to the health or safety of a human or animal, whether or not the human or animal is identifiable, or > > > > > > > (v) the seized goods cannot be lawfully used or supplied by the owner of the goods, or > > > > > (b) in circumstances prescribed by the regulations. > > > (3) Before making a forfeiture order, the Secretary must make reasonable efforts to give the apparent owner of the seized goods written notice of the following— > > > > > (a) the Secretary’s intention to make a forfeiture order, > > > > > (b) the period, not less than 21 days, during which the apparent owner may make a submission to the Secretary about why the Secretary should not make the proposed forfeiture order before the order is made, > > > > > (c) the way in which a submission may be made. > > > (4) The Secretary must consider a submission made in accordance with subsection (3)(b) and decide to make, or not make, the forfeiture order. > > **s 45A:** Ins 1970 No 53, sec 2 (1) (n). Am 1977 No 5, Schs 2, 3; 1977 No 110, Schs 1 (9), 2 (18); 1979 No 147, sec 2 (a); 1981 No 88, Sch 2 (23). Rep 1985 No 227, Sch 1. Ins 2023 No 37, Sch 6.