Document ID: chunk:federal_register_of_legislation:C2018C00182:section:29:p2
Version: federal_register_of_legislation:C2018C00182
Segment Type: section
Provision Reference: s 29 (pt 2/2)
Character Range: 36800–38502

of 90 days after the seizure or the delivery, as the case may be, or, if a prosecution for an offence against a provision of this Act in relation to the article is instituted before the expiration of that period, until the prosecution is determined.
 (5) Where, on a prosecution referred to in subsection (4), a court convicts a person of an offence against a provision of this Act in relation to an article that is seized under subsection (2) or (3), the court:
 (a) if it is satisfied that the article is forfeited—shall order that the article be condemned; or
 (b) if it is not so satisfied—shall order that the article be delivered to such person as the court is satisfied is entitled to the article.
 (6) Where a prosecution for an offence against a provision of this Act in relation to an article seized under subsection (2) or (3) has not been instituted before the expiration of the period referred to in subsection (4), a constable shall take the article before a court of summary jurisdiction, and subsections 9(2), (2A) and (3) of the Crimes Act 1914 shall thereupon apply in relation to the article as if it had been taken before the court under subsection 9(1) of that Act.
 (7) An article that is condemned as forfeited to the Commonwealth under subsection (5) of this section or under subsection 9(2) of the Crimes Act 1914 in its application by virtue of subsection (6) of this section shall be dealt with or disposed of in accordance with the directions of the Treasurer.
 (8) In this section:
constable means a member or special member of the Australian Federal Police or of the Police Force of a State or Territory.
officer of Customs has the same meaning as in the Customs Act 1901.