Forfeiture notices
34 Forfeiture notices
This section applies if:
an inspector seizes an emissions‑controlled product under Part 3 of the Regulatory Powers Act as it applies in relation to this Act; and
the inspector reasonably suspects that a provision of Part 3 of this Act was contravened in relation to the product.
The inspector may, within 7 days after the product is seized, give a written notice (the forfeiture notice) to the owner of the product.
If the owner of the product cannot be identified after reasonable inquiry, the inspector may give the forfeiture notice to the person from whom the product was seized.
The notice must:
identify the product; and
state that the product has been seized; and
specify the reason for the seizure; and
state that the product will be forfeited to the Commonwealth unless a court, on application under section 35, orders the product to be returned.
This Act’s bill:Explanatory memorandumSecond reading speech
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