Document ID: chunk:federal_register_of_legislation:C2007A00003:clause:1_8:p6
Version: federal_register_of_legislation:C2007A00003
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 6/8)
Character Range: 18253–21154

Subdivision in relation to a plastic explosive; or
 (b) makes an order under section 19B of the Crimes Act 1914 in respect of a person charged with an offence against this Subdivision in relation to a plastic explosive;
the court may order the forfeiture to the Commonwealth of the plastic explosive.

 (2) A plastic explosive forfeited to the Commonwealth under subsection (1) becomes the property of the Commonwealth.

 (3) A plastic explosive forfeited to the Commonwealth under subsection (1) is to be dealt with in such manner as a responsible Minister directs.

 (4) Without limiting subsection (3), a responsible Minister may direct that a plastic explosive forfeited to the Commonwealth under subsection (1) be:
 (a) destroyed; or
 (b) used exclusively for one or more of the purposes covered by paragraph 72.18(2)(a).

Note 1: See also section 10.5 (lawful authority).

Note 2: See also section 229 of the Customs Act 1901 (forfeiture of goods that have been unlawfully imported or exported).

72.25  Surrendered plastic explosives

 (1) A person may surrender a plastic explosive to the Commonwealth at a place, and in a manner, prescribed for the purposes of this subsection.

 (2) A plastic explosive surrendered to the Commonwealth under subsection (1) becomes the property of the Commonwealth.

 (3) A plastic explosive surrendered to the Commonwealth under subsection (1) is to be dealt with in such manner as a responsible Minister directs.

 (4) Without limiting subsection (3), a responsible Minister may direct that a plastic explosive surrendered to the Commonwealth under subsection (1) be:
 (a) destroyed; or
 (b) used exclusively for one or more of the purposes covered by paragraph 72.18(2)(a).

Note: See also section 10.5 (lawful authority).

72.26  Destruction of plastic explosives obtained overseas for defence purposes

  A member of the Australian Defence Force may destroy an unmarked plastic explosive if the plastic explosive was obtained in the course of the operation outside Australia of the Australian Defence Force.

72.27  Destruction of plastic explosives obtained overseas for Australian Federal Police purposes

  A member of the Australian Federal Police may destroy an unmarked plastic explosive if the plastic explosive was obtained in the course of the operation outside Australia of the Australian Federal Police.

72.28  Delegation by Minister

 (1) The Minister may, by writing, delegate to:
 (a) the Secretary of the Department; or
 (b) an SES employee, or an acting SES employee, in the Department, where the employee occupies or acts in a position with a classification of Senior Executive Band 3;
all or any of the Minister's powers under sections 72.18, 72.19, 72.20, 72.21, 72.24 and 72.25.

 (2) A delegate is, in the exercise of a power delegated under subsection (1), subject to the written directions of the Minister.

72.29  Delegation