sec.205Forfeiture of relevant product

sec.205 Forfeiture of relevant product

The chief executive may decide a seized thing is forfeited to the State if the chief executive— is satisfied the thing is a relevant product; and reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized. However, before making the decision, the chief executive must give the owner of the seized thing a notice stating that— the chief executive believes the seized thing is a relevant product and it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized; and the chief executive proposes the seized thing be forfeited to the State; and the owner may, within 28 days after being given the notice (the response period ), give the chief executive a written response to the belief and proposal. Also, before making the decision, the chief executive must consider all responses complying with subsection (2) (c) . If the chief executive decides the seized thing is forfeited to the State, the chief executive must give the former owner of the seized thing written notice of the decision and the reasons for the decision. However, if a proceeding involving the seized thing was started, the chief executive must not act under subsection (1) until the end of the proceeding or any appeal from the proceeding. In this section— relevant product means— illicit tobacco; or an illicit nicotine product mentioned in schedule 1 , definition illicit nicotine product , paragraph (b) . s 205 ins 2023 No. 16 s 56 amd 2024 No. 51 s 24 ; 2025 No. 13 s 18 ; 2025 No. 27 s 19 (sec.205-ssec.1) The chief executive may decide a seized thing is forfeited to the State if the chief executive— is satisfied the thing is a relevant product; and reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized. (sec.205-ssec.2) However, before making the decision, the chief executive must give the owner of the seized thing a notice stating that— the chief executive believes the seized thing is a relevant product and it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized; and the chief executive proposes the seized thing be forfeited to the State; and the owner may, within 28 days after being given the notice (the response period ), give the chief executive a written response to the belief and proposal. (sec.205-ssec.3) Also, before making the decision, the chief executive must consider all responses complying with subsection (2) (c) . (sec.205-ssec.4) If the chief executive decides the seized thing is forfeited to the State, the chief executive must give the former owner of the seized thing written notice of the decision and the reasons for the decision. (sec.205-ssec.5) However, if a proceeding involving the seized thing was started, the chief executive must not act under subsection (1) until the end of the proceeding or any appeal from the proceeding. (sec.205-ssec.6) In this section— relevant product means— illicit tobacco; or an illicit nicotine product mentioned in schedule 1 , definition illicit nicotine product , paragraph (b) .