Document ID: chunk:federal_register_of_legislation:C2021C00345:clause:6_279
Version: federal_register_of_legislation:C2021C00345
Segment Type: clause
Provision Reference: sch 6 cl 279
Character Range: 194677–196570

279  The ACMA may take possession of a thing
 (1) If:
 (a) a forfeiture notice relating to a thing is given to a person; and
 (b) the owner of the thing agrees, in accordance with the notice, to forfeit the thing to the Commonwealth; and
 (c) the notice has not been withdrawn;
then:
 (d) the ACMA may take possession of the thing; and
 (e) if the ACMA does so—the ACMA must give the owner a receipt for the thing taken into possession.
 (2) If:
 (a) the ACMA withdraws a forfeiture notice relating to a thing; and
 (b) the owner of the thing has already agreed, in accordance with the notice, to forfeit the thing to the Commonwealth; and
 (c) the ACMA has taken possession of the thing under subsection (1);
then:
 (d) the ACMA must take all reasonable steps to return the thing to the owner; and
 (e) the agreement ceases to have effect.
 (3) If:
 (a) a forfeiture notice relating to a thing is given to a person; and
 (b) the owner of the thing does not have possession of the thing when the notice is given; and
 (c) the owner of the thing agrees, in accordance with the notice, to forfeit the thing to the Commonwealth; and
 (d) the owner of the thing takes possession of the thing so as to enable the ACMA to take possession of the thing under subsection (1); and
 (e) at the time when the owner takes possession of the thing, the notice had not been withdrawn;
sections 47 and 160 and subsections 175(4) and 176(4) do not apply to the owner's possession of the thing until whichever of the following events happens first:
 (f) the ACMA takes possession of the thing under subsection (1);
 (g) the notice is withdrawn.
 (4) If:
 (a) the ACMA has purported to take possession of a thing under subsection (1); and
 (b) the ACMA was not entitled to take possession of the thing under that subsection;
the ACMA must take all reasonable steps to return the thing to the owner of the thing.