Environment Protection and Biodiversity Conservation Act 1999

A court may, on the application of the CEO, 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 an environmental law.

Without limiting subsection (1), a court may, on the application of the CEO, order the forfeiture to the Commonwealth of a specimen if:

the specimen was seized under this Part; and

either:

a court has found a person not guilty of an offence against an environmental law in relation to the specimen; or

a proceeding in a court for such an offence in relation to the specimen has been discontinued or dismissed; and

the court to which the CEO 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 an environmental law.

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).