Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p35
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 84156–86862

the Crown; or

    (c) not later than 60 days after the claim for their return is made:

        (i) an order permitting the goods to be retained for a specified period has been made under section 205E; and

SCHEDULE 4—continued

        (ii) before the end of that specified period, proceedings in respect of an offence involving the goods have been commenced and, on completion of the proceedings, a court has made an order for condemnation of the goods as forfeited to the Crown; or

    (d) not later than 60 days after the claim for their return is made:

        (i) an order permitting the goods to be retained for a specified period has been made under section 205E; and

        (ii) before the end of that specified period proceedings have been commenced before a court of summary jurisdiction for a declaration that the goods are special forfeited goods and, on completion of the proceedings, a court has made an order for condemnation of the goods as forfeited to the Crown; or

    (e) if the goods were seized as special forfeited goods—not later than 60 days after the claim for their return is made, proceedings before a court of summary jurisdiction for a declaration that the goods are special forfeited goods have been commenced and, on completion of the proceedings, a court has made an order for condemnation of the goods as forfeited to the Crown.

    Note: Subsection (9) gives special forfeited goods a wider meaning for the purposes of this section.

"(3) If:

    (a) goods seized otherwise than as special forfeited goods have not been dealt with under section 206; 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.

    Note: Subsection (9) gives special forfeited goods a wider meaning for the purposes of this section.

"(4) If:

    (a) goods seized as special forfeited goods have not been dealt with under section 206 or 207; 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;

SCHEDULE 4—continued

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.

    Note: Subsection (9)