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.