Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p36
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 86613–89274

court is satisfied that the goods are special forfeited goods;

SCHEDULE 4—continued

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 taken on appeal to another court, the goods are not to be returned under subsection (2), or disposed of under section 208D or 208DA, while that appeal may be made, or, if it is made, until the completion of that appeal.

"(8) For the purposes of this section, the return of goods requires their return to the person reasonably believed to be the owner of the goods in a condition as near as practicable to the condition in which they were seized.

"(9) In this section:

'offence' means an offence against any law of the Commonwealth, a State or a Territory;

'special forfeited goods' includes:

    (a) goods that are forfeited under section 7, 10, 11 or 13 of the Commerce (Trade Descriptions) Act 1905; and

    (b) goods that are forfeited under a paragraph of section 73 of the Distillation Act 1901 other than paragraph 73(iv); and

    (c) goods that are forfeited under section 17 of the Spirits Act 1906.

"(10) In this section, a reference to completion of proceedings includes a reference to completion of any appeal process arising from those proceedings.

SCHEDULE 4—continued

Magistrate may permit goods seized under a seizure warrant or under subsection 203B(2) or 203C(2) to be retained

"205E.(1) If goods are seized under a seizure warrant or under subsection 203B(2) or 203C(2) and:

    (a) before the end of 60 days after the making of a claim for their return; or

    (b)