279The ACMA may take possession of a thing

#### 279 The ACMA may take possession of a thing (1) If: (a) a forfeiture notice relating to a thing is given to a person; and (b) the owner of the thing agrees, in accordance with the notice, to forfeit the thing to the Commonwealth; and (c) the notice has not been withdrawn; then: (d) the ACMA may take possession of the thing; and (e) if the ACMA does so—the ACMA must give the owner a receipt for the thing taken into possession. (2) If: (a) the ACMA withdraws a forfeiture notice relating to a thing; and (b) the owner of the thing has already agreed, in accordance with the notice, to forfeit the thing to the Commonwealth; and (c) the ACMA has taken possession of the thing under subsection (1); then: (d) the ACMA must take all reasonable steps to return the thing to the owner; and (e) the agreement ceases to have effect. (3) If: (a) a forfeiture notice relating to a thing is given to a person; and (b) the owner of the thing does not have possession of the thing when the notice is given; and (c) the owner of the thing agrees, in accordance with the notice, to forfeit the thing to the Commonwealth; and (d) the owner of the thing takes possession of the thing so as to enable the ACMA to take possession of the thing under subsection (1); and (e) at the time when the owner takes possession of the thing, the notice had not been withdrawn; sections 47 and 160 and subsections 175(4) and 176(4) do not apply to the owner’s possession of the thing until whichever of the following events happens first: (f) the ACMA takes possession of the thing under subsection (1); (g) the notice is withdrawn. (4) If: (a) the ACMA has purported to take possession of a thing under subsection (1); and (b) the ACMA was not entitled to take possession of the thing under that subsection; the ACMA must take all reasonable steps to return the thing to the owner of the thing.