How forfeited property may be dealt with
214L How forfeited property may be dealt with
This section applies if a thing is forfeited to the State because of a person’s noncompliance with a compliance order.
The chief executive may deal with the thing as the chief executive considers appropriate, including, for example, by destroying it, giving it away or otherwise disposing of it.
However, the chief executive must not deal with the thing in a way that could prejudice the outcome of an appeal against the making of the compliance order.
The State may recover from the person the reasonable costs of disposing of the thing as a debt due to the State.
Examples of disposal costs—
transport costs, dump fees, storage costs, costs of sale
If the chief executive sells the thing or any part of it, the amount for which the thing or part is sold must be offset against—
the amount the State may otherwise recover under subsection (4); and
any amount the State may otherwise recover under section 214K for doing a thing required under the compliance order.
If the amount for which the thing or part is sold is greater than the total of the amounts mentioned in subsection (5)(a) and (b), the chief executive must, after deducting the total of those amounts, make reasonable efforts to return the proceeds of the sale to the person.
This Act’s bill:Explanatory memorandum
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