Document ID: chunk:federal_register_of_legislation:C2024C00598:clause:1_450
Version: federal_register_of_legislation:C2024C00598
Segment Type: clause
Provision Reference: sch 1 cl 450
Character Range: 1264778–1266349

450  Court‑ordered forfeiture: order by court dealing with offence proceedings
 (1) If a court convicts a person of an offence against an environmental law, the court may order the forfeiture to the Commonwealth of any thing used or otherwise involved in the commission of the offence.
 (1A) If a court convicts a person of an offence against Part 13A, the court must order the forfeiture to the Commonwealth of any specimen used or otherwise involved in the commission of the offence.
Note: Part 13A deals with the international movement of wildlife specimens.
 (2) A court may make an order under subsection (1) or (1A) even if the thing or specimen has been seized under this Act or taken into possession under section 406AA or Schedule 1.
 (3) If:
 (a) a specimen is seized under this Part; and
 (b) either:
 (i) a court finds a person not guilty of an offence against an environmental law in relation to the specimen; or
 (ii) a proceeding in a court for such an offence in relation to the specimen is discontinued or dismissed; and
 (c) the court 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 an environmental law;
the court may order the forfeiture to the Commonwealth of the specimen.
 (4) A reference in this section to an offence against an environmental law does not include an offence against Part VIIA of the Great Barrier Reef Marine Park Act 1975 (compulsory pilotage).