Document ID: chunk:federal_register_of_legislation:C2021C00345:clause:4_181
Version: federal_register_of_legislation:C2021C00345
Segment Type: clause
Provision Reference: sch 4 cl 181
Character Range: 112105–113119

181  Forfeiture of equipment to the Commonwealth
 (1) If:
 (a) the ACMA has taken possession of equipment under subsection 180(1); and
 (b) at least 90 days have passed since the ACMA gave the owner a receipt under paragraph 180(1)(b) for the equipment;
the ACMA may declare, in writing, that the equipment is forfeited to the Commonwealth.
 (2) The ACMA must give a copy of the declaration to the owner of the equipment.

Deemed forfeiture
 (3) If:
 (a) the owner of equipment agrees, in accordance with section 179, to forfeit the equipment to the Commonwealth; and
 (b) the ACMA has taken possession of the equipment under subsection 180(1); and
 (c) the ACMA has not, within the 120‑day period beginning at the start of the day when the ACMA gave the owner a receipt under paragraph 180(1)(b) for the equipment, made a declaration under subsection (1) of this section that the equipment is forfeited to the Commonwealth;
then, at the end of the 120‑day period, the equipment is forfeited to the Commonwealth.