Document ID: chunk:federal_register_of_legislation:C2024C00486:section:107ff:p2
Version: federal_register_of_legislation:C2024C00486
Segment Type: section
Provision Reference: s 107FF (pt 2/3)
Character Range: 229742–232303

Crimes Act 1914 have not been dealt with under section 107FJ; and
 (b) proceedings of the kind referred to in paragraph (2)(b) or (c) are commenced in respect of an offence involving the goods; and
 (c) on completion of the proceedings, the court:
 (i) finds that the offence is proved; and
 (ii) is satisfied, in all the circumstances of the case, that it is appropriate that an order be made for condemnation of the goods as forfeited to the Crown;
the court must make an order to that effect.
 (4) If:
 (a) forfeited goods seized under a seizure warrant or section 9 of the Crimes Act 1914 have not been dealt with under section 107FJ; and
 (b) proceedings of the kind referred to in paragraph (2)(b) or (c) are commenced in respect of an offence involving the goods; and
 (c) on completion of the proceedings, the court is satisfied that the goods are special forfeited goods;
the court must make an order for condemnation of the goods as forfeited to the Crown, whether or not the court finds the offence proved.
 (5) Subject to subsection (6), if:
 (a) goods seized as special forfeited goods have not been dealt with under section 107FJ; and
 (b) proceedings of the kind referred to in paragraph (2)(d) or (e) are commenced in respect of the goods; and
 (c) on completion of the proceedings, the court is satisfied that the goods are special forfeited goods;
the court must declare the goods to be special forfeited goods and make an order for condemnation of the goods as forfeited to the Crown.
 (6) A court must not make an order for condemnation of goods under subsection (5) if proceedings for an offence involving the goods have been commenced.
 (7) If the finding of a court in proceedings under paragraph (2)(b), (c), (d) or (e) in respect of goods that have not been dealt with under section 107FJ may be taken on appeal to another court, the goods are not to be returned under subsection (2), or disposed of under section 107FM:
 (a) while that appeal may be made, or
 (b) if it is made, until the completion of that appeal.
 (8) For the purposes of this section, the return of goods requires their return to the person reasonably believed to be the owner of the goods in a condition as near as practicable to the condition in which they were seized.
 (9) In this section:
offence means an offence against any law of the Commonwealth, a State or a Territory.
special forfeited goods means goods forfeited to the Crown under paragraph 116(1)(da).
 (10) In this section, a reference to completion of proceedings includes a reference to completion