Forfeiture of seized thing in other circumstances
60E Forfeiture of seized thing in other circumstances
This section applies in relation to a thing that has been seized under—
section 6G or 41S; or
a search warrant issued under section 465 of the Crimes Act 1958 as applied by section 6H(1) or 41T(1); or
a power at common law as it applies in relation to an offence against section 6F, 41Q(1) or 41R(5).
If a court finds a person guilty, or not guilty by reason of mental impairment, of an offence against section 6F, 41Q(1) or 41R(5) in respect of the seized thing, the seized thing is forfeited to the Crown unless the court orders otherwise.
Subject to subsections (4) and (5), the Minister may direct that a thing forfeited to the Crown under subsection (2) is to be disposed of in any manner the Minister thinks fit.
The Minister must not dispose of a thing under subsection (3) unless—
an appeal in relation to the offence has been abandoned or finally determined; or
the period in which such an appeal may be commenced has elapsed without an appeal having been commenced.
If a thing is sold under subsection (3), the proceeds of the sale must be paid into the Consolidated Fund.
S. 61 amended by Nos 9902 s. 2(1)(Sch. item 236), 25/2023 s. 7(Sch. 1 item 27.2).
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