Document ID: chunk:federal_register_of_legislation:C2022A00092:clause:1_184
Version: federal_register_of_legislation:C2022A00092
Segment Type: clause
Provision Reference: sch 1 cl 184
Character Range: 136696–138306

184  Forfeiture of goods

Forfeiture following conviction or civil penalty order
(1) Subitem (2) applies if either of the following occurs on or after commencement of this item:
 (a) a person is convicted of an offence, against a provision referred to in old subsection 57(1), that was committed before that commencement;
 (b) a civil penalty order is made against a person for contravening a provision referred to in old subsection 57(1) before that commencement.
(2) Section 58 of the OPSGGM Act, as in force on and after that commencement, applies in relation to the conviction or the making of the civil penalty order as if a reference in that section to forfeitable goods were a reference to old forfeitable goods.

Forfeiture notices
(3) Subitem (4) applies if:
 (a) an inspector seizes goods under section 49 or 52 of the Regulatory Powers Act on or after the commencement of this item; and
 (b) the goods relate to a contravention of a provision referred to in old subsection 57(1) that occurred, or is suspected to have occurred, before that commencement.
(4) Subdivision C of Division 3 of the OPSGGM Act, as in force on and after that commencement, applies in relation to the goods as if a reference in that Subdivision to forfeitable goods were a reference to old forfeitable goods.

Definition
(5) In this item:
old forfeitable goods means forfeitable goods within the meaning of section 57 of the OPSGGM Act, as in force immediately before the commencement of this item.
old subsection 57(1) means subsection 57(1) of the OPSGGM Act, as in force immediately before the commencement of this item.