98Forfeiture

98 Forfeiture (1) Where a person is convicted of an offence against this Act, the Court may, on the application of the prosecutor, order that an article used in or in relation to the commission of the offence is forfeited to the Crown and may be kept, sold, destroyed or otherwise disposed of as the Minister thinks fit. (2) An order under subsection (1) is in addition to, and not in substitution for, any other penalty imposed by a court in relation to the offence. (3) The Minister must notify in a newspaper circulating in the Territory that: (a) an article specified in the notice is forfeited under an order made under subsection (1); and (b) a person, other than the offender, may notify the Minister that he or she has an interest in the article.

Waste Management and Pollution Control Act 1998 67 (4) Where a motor vehicle within the meaning of the Motor Vehicles Act 1949 or other prescribed object is forfeited to the Territory under subsection (1), the Minister must: (a) search the Personal Property Securities Register established under section 147 of the Personal Property Securities Act 2009 (Cth); and (b) notify the person who is specified in the register to have an interest in the motor vehicle or prescribed object of the Minister's intention to keep, sell, destroy or otherwise dispose of the motor vehicle or prescribed object. (5) If a person, other than the person convicted of the offence: (a) had a legal or equitable interest in the property immediately before the order under subsection (1) was made; and (b) advises the Minister of that interest, the Minister must take the interest into account before exercising the power of keeping, selling, destroying or otherwise disposing of the forfeited property. (6) Where the ownership of an article cannot be determined: (a) at the time of its seizure under this Act; or (b) within 90 days after the date of seizure, after reasonable attempts have been made to establish ownership of the property, the property seized is forfeited to the Crown and may be sold, destroyed or otherwise disposed of as the Minister thinks fit.