Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_450a
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 450A
Character Range: 462278–463374

450A  Court‑ordered forfeiture: other situations

 (1) A court may, on the application of the Secretary, order the forfeiture to the Commonwealth of a thing that is seized under this Part if the court is satisfied that the thing has been used or otherwise involved in the commission of an offence against this Act or the regulations.

 (2) Without limiting subsection (1), a court may, on the application of the Secretary, order the forfeiture to the Commonwealth of a specimen if:
 (a) the specimen was seized under this Part; and
 (b) either:
 (i) a court has found a person not guilty of an offence against this Act or the regulations in relation to the specimen; or
 (ii) a proceeding in a court for such an offence in relation to the specimen has been discontinued or dismissed; and
 (c) the court to which the Secretary applies is satisfied that there are reasonable grounds for suspecting that, if the specimen were released to the person from whom it was seized or to its owner, the possession of the specimen by that person would contravene a provision of this Act or the regulations.