sec.205BForfeiture of vaping goods

sec.205B Forfeiture of vaping goods

The chief executive may decide a seized thing is forfeited to the State if the chief executive— is satisfied the thing is vaping goods; and reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized. 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. The chief executive is not required to provide procedural fairness in giving the written notice. This section applies even if a proceeding involving the seized thing has started. s 205B ins 2025 No. 13 s 20 (sec.205B-ssec.1) The chief executive may decide a seized thing is forfeited to the State if the chief executive— is satisfied the thing is vaping goods; 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.205B-ssec.2) 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.205B-ssec.3) The chief executive is not required to provide procedural fairness in giving the written notice. (sec.205B-ssec.4) This section applies even if a proceeding involving the seized thing has started.

• (a) is satisfied the thing is vaping goods; and
• (b) reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.