sec.205AForfeiture of bongs and ice pipes

sec.205A Forfeiture of bongs and ice pipes

The chief executive may decide a seized thing is forfeited to the State if the chief executive— is satisfied the thing is a bong or ice pipe, or a component of a bong or ice pipe; 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 bong or ice pipe, or a component of a bong or ice pipe; and it is necessary to keep the seized 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. s 205A ins 2024 No. 51 s 25 amd 2025 No. 13 s 19 ; 2025 No. 27 s 20 (sec.205A-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 bong or ice pipe, or a component of a bong or ice pipe; 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.205A-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 bong or ice pipe, or a component of a bong or ice pipe; and it is necessary to keep the seized 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.205A-ssec.3) Also, before making the decision, the chief executive must consider all responses complying with subsection (2) (c) . (sec.205A-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.205A-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.