50SReturn of seized tobacco

50S Return of seized tobacco

50S Return of seized tobacco

(1) Tobacco products and non-tobacco smoking products seized under this part must be returned if—

(a) proceedings for an offence under Part 5, Division 2 have not been commenced against the person from whom the products were seized within 42 days after seizure, or

(b) the court that disposes of proceedings for an offence under Part 5, Division 2 does not make an order for forfeiture and destruction of the products, or

(c) the Secretary is satisfied that the products were incorrectly seized.

(2) Tobacco products and non-tobacco smoking products returned under this section must be returned to the person from whom they were seized, or to another person who appears to the Secretary to be the owner of the products

(3) This section does not apply to illicit tobacco.

s 50S: Ins 2025 No 51, Sch 1[20].