Document ID: chunk:federal_register_of_legislation:C2004A00849:clause:1_444j
Version: federal_register_of_legislation:C2004A00849
Segment Type: clause
Provision Reference: sch 1 cl 444J
Character Range: 142194–143290

444J  Forfeiture of specimen by consent etc.

 (1) If:
 (a) a specimen is seized under section 444A; and
 (b) the owner of the specimen agrees to transfer ownership of the specimen to the Commonwealth, either:
 (i) unconditionally; or
 (ii) in the event that a future contingency happens; and
 (c) if subparagraph (b)(ii) applies—that contingency happens;
then:
 (d) the specimen becomes the property of the Commonwealth; and
 (e) the provisions of this Part relating to forfeiture apply as if the specimen had been forfeited to the Commonwealth under this Act.

 (2) If:
 (a) a specimen is seized under section 444A; and
 (b) the owner of the specimen agrees to transfer ownership of the specimen to the Commonwealth in the event that a future contingency happens;
the Secretary may retain the specimen:
 (c) until the specimen becomes the property of the Commonwealth; or
 (d) if the specimen does not become the property of the Commonwealth—until the occurrence of the last day on which that contingency could have happened.

 (3) Subsection (2) has effect despite anything in section 444G.