Waste Reduction and Recycling Act 2011

This section applies if a court convicts a person of an offence against this Act.

The court may make an order (a disposal order), on its own initiative or on an application by the prosecution, for the disposal of any of the following things owned by the person—

anything that was the subject of, or used to commit, the offence;

another thing the court considers is likely to be used by the person or another person in committing a further offence against this Act.

The court may make a disposal order for a thing—

whether or not it has been seized under this Act; and

if the thing has been seized—whether or not it has been returned to the former owner.

In deciding whether to make a disposal order for a thing, the court—

may require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and

must hear any submissions that any person claiming to have any property in the thing may wish to make.

The court may make any order to enforce the disposal order that it considers appropriate.

This section does not limit the court’s powers under another law.