Document ID: chunk:federal_register_of_legislation:C2025C00155:section:205d:p2
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 205D (pt 2/3)
Character Range: 1322975–1325573

goods are special forfeited goods have been commenced and, on completion of the proceedings, a court has made an order for condemnation of the goods as forfeited to the Crown.
Note: Subsection (9) gives special forfeited goods a wider meaning for the purposes of this section.
 (2A) Paragraph (2)(aa) ceases to apply in relation to the goods if subsection 243Y(1) ceases to apply in relation to the goods because of the operation of subsection 243Y(4).
 (3) If:
 (a) goods seized otherwise than as special forfeited goods have not been dealt with under section 206; and
 (b) proceedings of the kind referred to in paragraph (2)(b) or (c) are commenced in respect of an offence involving the goods; and
 (c) on completion of the proceedings, the court:
 (i) finds that the offence is proved; and
 (ii) is satisfied, in all the circumstances of the case, that it is appropriate that an order be made for condemnation of the goods as forfeited to the Crown;
the court must make an order to that effect.
Note: Subsection (9) gives special forfeited goods a wider meaning for the purposes of this section.
 (4) If:
 (a) goods seized as special forfeited goods have not been dealt with under section 206 or 207; and
 (b) proceedings of the kind referred to in paragraph (2)(b) or (c) are commenced in respect of an offence involving the goods; and
 (c) on completion of the proceedings, the court is satisfied that the goods are special forfeited goods;
the court must make an order for condemnation of the goods as forfeited to the Crown, whether or not the court finds the offence proved.
Note: Subsection (9) gives special forfeited goods a wider meaning for the purposes of this section.
 (5) Subject to subsection (6) if:
 (a) goods seized as special forfeited goods have not been dealt with under section 206 or 207; and
 (b) proceedings of the kind referred to in paragraph (2)(d) or (e) are commenced in respect of the goods; and
 (c) on completion of the proceedings, the court is satisfied that the goods are special forfeited goods;
the court must declare the goods to be special forfeited goods and make an order for condemnation of the goods as forfeited to the Crown.
Note: Subsection (9) gives special forfeited goods a wider meaning for the purposes of this section.
 (6) A court must not make an order for condemnation of goods under subsection (5) if proceedings for an offence involving the goods have been commenced.
 (7) If the finding of a court in proceedings under paragraph (2)(b), (c), (d) or (e) in respect of goods that have not been dealt with under section 206 or 207 may be