Document ID: chunk:federal_register_of_legislation:F2024C00262:reg:49
Version: federal_register_of_legislation:F2024C00262
Segment Type: reg
Provision Reference: reg 49
Character Range: 73634–75729

49  Forfeiture of infringing articles and devices
 (1) This section applies if:
 (a) an infringement officer believes on reasonable grounds that a person has committed an offence of strict liability against a provision of Division 5 of Part V of the Act (except subsections 132AQ(5), 132AR(5) and 132AS(5)); and
 (b) the person possesses an infringing article or an infringing device relating to the alleged offence.
 (2) The infringement officer may inform the person (either orally or by written notice) that the person may avoid prosecution for the alleged offence if:
 (a) the person agrees to forfeit, and does forfeit, to the Commonwealth all infringing articles and devices that the person possesses in relation to the alleged offence; and
 (b) the person pays the amount specified in an infringement notice for the alleged offence in accordance with Division 2; and
 (c) the infringement notice for the alleged offence is not withdrawn.
 (3) If the person agrees to forfeit to the Commonwealth all infringing articles and devices that the person possesses (when informed under subsection (2)) in relation to the alleged offence, the authorised officer:
 (a) may take possession of the infringing articles and devices; and
 (b) must give the person a receipt for the infringing articles and devices taken into possession.
 (4) If the person pays the amount specified in an infringement notice given to the person under Division 2 for the alleged offence, the relevant chief executive must cause all infringing articles and devices in relation to the alleged offence that the person agreed to forfeit, and did forfeit, to the Commonwealth to be destroyed.
Note: An infringement notice relating to an offence against a provision of Division 5 of Part V of the Act (except subsections 132AQ(5), 132AR(5) and 132AS(5)) may not be given if the recipient does not agree to forfeit to the Commonwealth all infringing articles and devices in the person's possession at that time in relation to the alleged offence—see subsection 43(2).

Part 9—Seizure of imported copies of copyright material