Document ID: chunk:federal_register_of_legislation:C2024C00823:section:280
Version: federal_register_of_legislation:C2024C00823
Segment Type: section
Provision Reference: s 280
Character Range: 492662–494021

280  Forfeiture of a thing to the Commonwealth
 (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 (c) the notice has not been withdrawn; and
 (d) the ACMA has taken possession of the thing under subsection 279(1); and
 (e) at least 90 days have passed since the ACMA gave the owner a receipt under paragraph 279(1)(e) for the thing;
the ACMA may declare, in writing, that the thing is forfeited to the Commonwealth.
 (2) The ACMA must give a copy of the declaration to the owner of the thing.

Deemed forfeiture
 (3) 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 ACMA has taken possession of the thing under subsection 279(1); and
 (d) the ACMA has not, within the 120‑day period beginning at the start of the day when the ACMA gave the owner a receipt under paragraph 279(1)(e) for the thing, made a declaration under subsection (1) of this section that the thing is forfeited to the Commonwealth; and
 (e) the notice has not been withdrawn before the end of the 120‑day period;
then, at the end of the 120‑day period, the thing is forfeited to the Commonwealth.