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COMMONWEALTHAct
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s 57

Forfeitable goods

In force
Part VIIIEnforcement
Division 3Forfeiture of goods
Subdivision AForfeitable goods

57 Forfeitable goods

(1)

For the purposes of this Act, the following are forfeitable goods:

(a)

scheduled substances in respect of the manufacture of which person has contravened subsection 13(1);

(b)

scheduled substances in respect of the import of which a person has contravened subsection 13AA(1);

(c)

scheduled substances in respect of the export of which a person has contravened subsection 13AB(1);

(d)

equipment that contains a scheduled substance, and the scheduled substance itself, if a person has contravened subsection 13(3), 13AA(3) or 13AB(3) in respect of the manufacture, import or export of the equipment;

(e)

equipment that uses a scheduled substance in its operation, if a person has contravened subsection 13(5), 13AA(5) or 13AB(5) in respect of the manufacture, import or export of the equipment;

(f)

a non‑refillable container, and any scheduled substance it contains, if a person has contravened the licence condition specified in item 7 of the table in subsection 18(1) in respect of the import of the scheduled substance in the container;

(g)

prescribed goods in respect of which a person has contravened a prescribed provision of the regulations.

(1A)

Without limiting subsection (1), a person is taken to have contravened a provision for the purposes of that subsection if:

(a)

the person is convicted of an offence against this Act or the regulations for a contravention of the provision; or

(b)

a civil penalty order is made against the person for a contravention of the provision.

(2)

For the purposes of this Act, goods are also forfeitable goods if:

(a)

the goods are a quantity of scheduled substances or equipment; and

(b)

the goods are mixed with another quantity of scheduled substances or equipment (the other quantity) of the same kind or a similar kind; and

(c)

the other quantity is forfeitable goods.

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